Heather Carney Costanzo

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Overview

Heather Carney Costanzo represents public and private companies and government entities in complex commercial litigation, resolving cases in federal and state court litigation, arbitrations and negotiated settlements. Experienced at every stage of litigation, from early motions to trial and appeal, Heather is strategic and efficient, striving to balance thorough preparation with a big-picture perspective and determine the best path forward based on both her clients’ immediate needs and their long-term goals.

Representing clients across industries, Heather has handled a wide range of cases, including intellectual property conflicts, various other business-related disputes, employment matters, professional liability claims, mass and toxic tort cases, and class actions. She also advises clients on litigation avoidance and risk management strategies.

Heather’s background includes nearly a decade with Gunster and nearly seven years as an Assistant United States Attorney in the Western District of Washington and the District of New Jersey. As an AUSA, Heather acquired extensive experience advocating persuasively and efficiently in high-pressure cases, honing her litigation skills with significant first-chair experience, skills she brings to bear in representing Gunster clients. Heather handled a diverse array of matters on behalf of the United States and federal agencies, including constitutional challenges, employment discrimination, tort and Administrative Procedure Act cases, as well as investigated and resolved civil rights complaints and coordinating outreach to the community.

Beginning her legal career as a law clerk for two years to the Honorable William P. Dimitrouleas in the United States District Court for the Southern District of Florida, Heather gained invaluable insight into the federal court rules and the trial process that has helped shape her approach to case strategy and advocacy.

Combining judicial, government and private practice experience, Heather brings a broad perspective to litigation, navigating disputes with a clear understanding of the varied perspectives at play.

Experience

  • Represented American aerospace manufacturer Pratt & Whitney in a group of environmental toxic tort cases involving claims for more than $1 billion in alleged property damage and personal injury claims arising from allegations of a “cancer cluster” in a neighborhood a few miles from Pratt & Whitney’s facility and defeated class certification after five-day evidentiary hearing (Cotromano v. United Techs. Corp., 2018 U.S. Dist. Lexis (S.D. Fla. May 2, 2018))
  • Successfully defended a big-four accounting firm in a month-long private arbitration proceeding regarding $500 million alleged accounting malpractice claims
  • Obtained a defense verdict in federal court on all counts in a two-week trial involving trademark and unfair competition claims brought against the client by a competing alarm services provider. The judgment was affirmed on appeal.
  • Reached a favorable settlement in more than thirty consolidated cases in defense of majority owner/property manager after succeeding on a series of dispositive motions, including on unique issues regarding the Condominium Act’s application to condo-hotels
  • As an AUSA, Heather prevailed on summary judgment in multiple employment discrimination and retaliation lawsuits, and those that were challenged on appeal were affirmed. Heather also obtained summary judgment in a complex birth-injury medical malpractice case by demonstrating the lack of reliable expert testimony on causation and the plaintiffs’ failure to connect the alleged injuries to any actions by the general practitioner, which was affirmed on appeal.  She also prevailed in several cases on issues of first-impression involving statutory and constitutional challenges by federal prisoners

Honors

  • George Washington University Law School, Order of the Coif
  • George Washington Law Review, notes editor

News & Insights

  • “Prosecuting the Lawless; Human Rights Abuses & Private Military Firms,” George Washington Law Review, Volume 74, No. 2, January 2006

Involvement

Professional Associations & Memberships

  • Federal Bar Association, International Law Section, 2015-2018
    • Board Member
    • Chair of newsletter; awarded “Outstanding Newsletter in 2016

Education

  • George Washington University Law School, J.D., with high honors, 2007
  • Elliott School for International Affairs, M.A., 2007
  • Tufts University, B.A. in International Relations, cum laude, 1998

Admissions

  • Florida Bar, 2007
  • Eleventh Circuit Court of Appeals
  • United States District Court; Southern District of Florida; Middle District of Florida; Northern District of Florida

Clerkships

  • Hon. William P. Dimitrouleas, U.S. District Court for the Southern District of Florida
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