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Heather Counts


St. Louis
314 552 6551 314 552 6551 direct

Heather draws on her extensive litigation experience defending product manufacturers to author Daubert and summary judgement briefs that have helped clients successfully avoid trial in federal courts around the country. She has also represented clients at trial and obtained favorable verdicts for product manufacturers facing significant damages.

Heather acts as national counsel for manufacturers facing litigation in state and federal courts. She most recently represented a recreational product manufacturer at trial in federal district court in Miami, where she argued and won a motion for directed verdict regarding the plaintiff's design defect claim. Her Daubert briefs also successfully challenge plaintiffs' experts, most recently successfully excluding witnesses in mechanical engineering, human factors, life care planning, and forensic accounting.

Heather also has unique trial experience regarding mass tort and consolidated claims. For instance, in 2013, she was part of a trial team that successfully defended a tobacco manufacturer against product liability and fraud claims in a mass consolidated plaintiff's action in West Virginia, one of the nation's top-ranked "Judicial Hellholes." And, early in her career, 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 warnings, injury causation and compelled commercial speech.

Heather's product liability experience is not limited to the litigation context. She additionally uses her experience to support clients facing issues related to CPSC product recalls or investigations, reaching successful outcomes in those contexts, as well.


10th Circuit affirms summary judgment for Kawasaki, rejects plaintiff’s claim that ‘warnings don’t work’

Federal court grants summary judgment for Yamaha: Plaintiff tries to escape tort defenses and loses warranty action

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 wins directed verdict for Yamaha in personal watercraft products liability litigation

Thompson Coburn continues to exclude plaintiffs’ expert witnesses in personal watercraft products liability litigation

Thompson Coburn helps Yamaha resolve significant injury cases

Congratulations to the new Thompson Coburn partners