Heather Counts
Partner
St. Louis
314 552 6551
direct
- OVERVIEW
- INSIGHTS
- NEWS & EVENTS
INDUSTRIES
PRACTICES
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Education
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Washington University School of Law,
J.D., 2003
Order of the Coif
Washington University Law Quarterly
Student Clerk, Hon. Theodore McMillian, U.S. Court of Appeals for the Eighth Circuit
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Washington University in St. Louis,
M.A., British and American Literature, 2000
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University of Missouri-Columbia,
B.A., English, magna cum laude, 1999
, Phi Beta Kappa
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Admissions
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Illinois
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Missouri
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Representative Clients
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R.J. Reynolds Tobacco Company
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Yamaha Motor Corporation, U.S.A.
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Kawasaki Motors Corp.
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Maritz Holdings, Inc.
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American Tower Company
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Employment
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Thompson Coburn LLP
Partner, 2012-Present
Associate, 2003-2011
Summer Associate, 2002
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United States Court of Appeals for the Eighth Circuit
Student Clerk for the Honorable Theodore MacMillian, 2002
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Turner, Reid, Duncan, Loomer & Patton, P.C.
Summer Associate, 2001
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Heather defends clients facing consumer products claims and commercial litigation.
Heather acts as national counsel for manufacturers facing tort and injury litigation in state and federal courts, including, most recently, representing a tobacco client at trial in California and an automotive manufacturer facing trial in Texas.
Heather is well-versed in commercial claims as well, including civil RICO. She served on the defense trial team for one of the largest civil RICO cases brought by the Department of Justice (U.S. v. Philip Morris USA), where she handled issues including marketing, consumer risk perception, injury causation and compelled commercial speech. Heather has also helped craft RICO claims brought by civil plaintiffs in complex commercial litigation in the telecommunications industry.
Heather is experienced in all phases of litigation, from responsive pleadings through post-trial and appellate briefing. In particular, she has successfully worked to limit or exclude from trial the opinions of opposing experts. Heather's work regarding expert witnesses extends to fields as diverse as epidemiology, neuropsychology, emergency medicine, mechanical engineering, and marketing.
In addition to her litigation practice, Heather also counsels product manufacturing clients regarding issues such as CPSC product recalls and investigations.
Blogs
Missouri’s 2018 medical cannabis initiatives: Part 2 – Business
Missouri’s 2018 medical cannabis initiatives: Part 1 – The basics
9th Circuit rejects argument that ‘No Added Sugar’ means ‘healthy’
Analysis of sugar industry documents may impact litigation
Missouri appellate court rejects ‘ingredient list’ defense in food labeling case
Is San Francisco’s sugar-sweetened beverage rule watering down First Amendment rights?
‘Added Sugar’ gets a bad rap, but California’s ‘Food Court’ dismisses proposed class claims
Publications
“Ruggiero v. Yamaha ruling cited, ‘Recent Expert Reliability Rulings”
New York Law Journal October 2019
"Is San Francisco's sugar-sweetened beverage rule watering down First Amendment rights?";
The Food Fight Blog, June 2016
"'Added Sugar' gets a bad rap, but California's 'Food Court' dismisses proposed class claims";
The Food Fight Blog, December 2015
News
Utah federal court throws out products liability claims against Kawasaki for Jet Ski injury
Federal jury sides with Yamaha in failure to warn trial over WaveRunner injury
Third Circuit affirms directed verdict for Yamaha in products liability action
Texas jury quickly delivers defense verdict to Kawasaki in trial over off-road vehicle
Unanimous Fourth Circuit victory for Yamaha in products liability action
Thompson Coburn helps Yamaha resolve significant injury cases