Heather Esau Zerge

Heather Zerger

Heather Esau Zerger co-founded Zerger & Mauer LLP after serving as a partner with a large Kansas City law firm.

Heather's commercial litigation experience includes representation of financial institutions, municipalities, and other commercial clients in all aspects of the litigation process. Her experience also includes defense of clients in class action lawsuits under various statutes and legal theories, including the Fair and Accurate Credit Transactions Act, among others.

In addition to defense work, Heather has successfully tried commercial cases representing plaintiffs. In a recent jury trial on behalf of a plaintiff client which was awarded $1.9 million in compensatory damages, she first-chaired the punitive phase of trial resulting in a damage award of $10 million.

Heather is also experienced in employment litigation and counseling. She has defended and creatively resolved FLSA collective actions, as well as other complex, multi-plaintiff cases and represents employers in defense of claims of race, age, and sex discrimination, and retaliation. She has represented clients before the EEOC and the DOL, counsels clients on employment matters, and has assisted clients in creating effective employment policies and procedures. Heather also assists clients in conducting investigations, as well as training their employees on workplace conduct issues, such as unlawful discrimination and harassment, and wage and hour issues.

Representative Experience

  • Obtained a jury verdict totaling $11.9 million in favor of client
  • Obtained directed verdict in favor of bank client in defense of fraud claims
  • Obtained favorable resolutions and summary judgments, as well as denials of class certification motions in FACTA cases
  • Obtained favorable settlement in multiple FLSA collective actions against various financial institutions
  • Successful arbitration of securities claims and mediation of various commercial and employment disputes
  • Obtained an award of damages and attorneys' fees after trial of breach of contract claims and counterclaims on behalf of truck leasing company

Professional Affiliations

  • American Bar Association
  • Missouri Bar Association
  • Kansas Bar Association
  • Michigan Bar Association
  • Kansas City Metropolitan Bar Association

Awards and Recognition

  • Top Young Attorney in MO and KS, 2008
  • Up and Coming Lawyer, 2009
  • Missouri and Kansas Rising Stars List, Super Lawyers Magazine, 2012

Civic Involvement

  • Bethel College, Board of Directors
  • Sleepy Head Beds, Board of Directors
  • United Way Ambassador
  • Former Board of Directors of Harmony
  • Harmony Humanitarian Award Dinner Committee
  • Harmony/NCCJ Walk as One Walk-a-Thon Planning Committee

Practice Specific Experience

  • Commercial Litigation

Education

  • University of Minnesota, J.D., cum laude, 1999
  • Bethel College, B.A., summa cum laude, 1996

Admissions

  • Missouri, 2001
  • Kansas, 2002
  • Michigan, 1999
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Courts for the District of Kansas, Eastern District of Michigan and Western District of Missouri