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Kurt R. Hilbert
Managing Member
Email: khilbert@hilbertlaw.com
Telephone: 770/551-9310

 
   

Georgia Business Litigation Attorney
rated by Super Lawyers

 

 

Litigation Attorney Kurt R. Hilbert is the Managing Member of The Hilbert Law Firm, LLC and was selected to the 2010 & 2011 class of the Georgia Rising Star Super Lawyers. His primary areas of practice include business/corporate disputes, hospital medical billing fraud, construction disputes, real estate, tort, insurance and general litigation. He has crafted a practice that spans a wide variety of clients from individuals, to celebrities, to international corporations and is considered to be a specialist in handling and defending mold, water intrusion claims, and construction defect claims. Mr. Hilbert has extensive real estate litigation defense experience, covering all forms of real property disputes, including contract claims, commercial foreclosures, receiverships, acquisition, development and real property secured financing litigation, landlord/tenant, land use and zoning, as well as title insurance claims, coverage and defense matters, and title agent defalcations. Mr. Hilbert has represented owners (including private property as well as homeowner and condominium associations), general and specialty subcontractors, sureties and design professionals in a broad spectrum of tort and construction disputes, including contract claims, payment and performance bond issues, construction defect disputes and architect and engineer design claims. In addition, Mr. Hilbert is also a Certified Civil Mediator in the State of Georgia.

EXPERIENCE
Below is a partial list of Mr. Hilbert's legal accomplishments:

  • Defended and obtained dismissal of $50,000,000.00 bad faith claim against Allstate Insurance Company (2008).
  • Negotiated $6,000,000.00 governmental purchase of a strip mall in Cobb County after contentious dispute over easement rights.
  • Handled numerous cases against builders and developers involving water and mold intrusion claims
  • Successfully litigated and obtained in excess of $5,000,000.00 worth of judgments and settlements for clients relating to environmental torts, erosion and sedimentation control violations, Clean Water Act, water intrusion and mold claims.
  • Successfully brought a lawsuit to declare the initial GA Fair Lending Act unconstitutional which resulted in the GA General Assembly amending the law.
  • Obtained the 1st class action certification in GA history under the GA Fair Lending Act involving fraud and RICO claims for over 1000 fraudulent residential mortgage loans amounting to over $150,000,000.00 in damages. Facilitated US Attorneys and FBI in investigation of criminal investigation relating to claims.
  • Obtained judgments in a construction fraud and banking fraud case in excess of $8,000,000.00. Facilitated US Attorneys & FBI investigation resulting in builder’s federal sentencing and imprisonment.
  • Representing celebrity concerning major construction defects of $2,200,000.00 home in Alpharetta,GA. This litigation has been featured in key articles including the front page of the Atlanta Journal & Constitution and syndicated newspapers both nationwide & in Europe as well as a frequent topic of discussion on several online sports & real estate related blogs. This case has already set precedent in the State of Georgia regarding the interpretation of arbitration provisions. The case remains pending (2009).
  • Successfully represented a private AKC championship breeder and obtained a high dollar confidential settlement against a multi-million dollar pet food manufacturer concerning toxic pet food subject to a recall in 2005.
  • Litigated in both State and Federal Courts and have been successful in numerous appeals including a recent 2008 decision from the GA Supreme Court styled Deutsche Bank, et. al. vs. Davis.
  • Have extensive experience in insurance coverage disputes and declaratory judgment actions.
  • Has litigated 70+ cases involving mold claims—including both personal injury and property damage from both the plaintiff and defense sides.
  • Has specialized knowledge in suing governmental entities, counties and municipalities under the GA tort claims act and Section 1983.
  • Was a featured keynote speaker at the 2008 Title Standards Seminar for continuing legal education at the State Bar of Georgia.
  • Successfully participated in and/or completed over 100 barments and/or quiet title actions concerning title to real property. Recently obtained an attorneys’ fees award over $40,000.00 in connection with a tax sale case against a municipality and third party
  • Completed in excess of 500 evictions and judicial foreclosure actions.
  • Achieved several published jury verdicts and settlements.
  • Has established a network of experts used on a regular basis tailored to specific cases.
  • Successfully mediated numerous cases as an advocate ranging from construction disputes to sexual harassments claims. Achieved designation as Certified Civil Mediator in the State of Georgia.
  • Actively practices in superior courts located in Fulton, Gwinnett, DeKalb, Cobb, Clayton, Polk, Paulding, Evans, Macon-Bibb, Chatham, Rabun, Forsyth, and Green.

EDUCATION
Northwestern University School of Law, with study at University at Oxford, J.D. 2001
Northwestern University, B.A., with honors, Political Science, 1997
Northwestern University, B.M., with honors, 1997

ADMITTED TO PRACTICE IN
Georgia, 2002
Supreme Court of Georgia
Court of Appeals, Georgia
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court, Northern District of Georgia
U.S. District Court, Middle District of Georgia
U.S. Bankruptcy Court for the Northern and Middle District of Georgia

INVOLVEMENT
Certified Civil Trial Advocate, National Board of Trial Advocacy
Certified Mediator, registered with Supreme Court of GA/Office of Dispute Resolution
Georgia Trial Lawyers Association
Member, Real Property Section, Georgia Bar Association
Member, Trial & General Practice Sections, Georgia Bar Association
Member, North Fulton Chamber of Commerce

PUBLISHED WORKS
Newsprint
Author of column entitled, Legal-“Ease” for the Roswell Beacon, a newspaper & online magazine with a subscription base of 75,000 North Fulton residents and businesses. Each week various litigation & other pertinent legal topics are discussed. Click on the links below for a sampling of Mr. Hilbert’s published columns:
Products Liability: It’s Not Just About Peanut Butter! - 2/21/09
Billing Blunders and Baloney - 2/08/09
Hourly, Contingency, Hybrid or Flat? - 2/1/09
Do I have a case? - 1/24/09
Dealing with Foreclosures - 1/19/09

Newsletters
The Fight Against Mortgage Fraud, Real Property Law Section Newsletter, State Bar of Georgia, co-authored with Peter Lublin, Winter 2007.
GA Real Property Law Newsletter

Law Journals
Larsen v. The Hawaiian Kingdom, The American Journal of International Law, Bederman, Esq. Vol. 95, No.4 (October 2001). This article has been picked up and cited in numerous working papers, theses and international internet blogs and journals including the Chinese Journal of International Law and pilot issue of the Hawaiian Journal of International Law.

Working Paper
Collision or Coalition of the WTO and ILO Post Seattle: Toward a Theory of International Comparative Institutional Advantage, authored by Kurt R. Hilbert (2002). This paper analyzes and evaluates common issues and comparative law in the context of large international political organizations.

Published Decisions
Lead counsel in notable insurance defense case:

Wilson v. Allstate Insurance Company et al, 1:08-cv-01829-CAP; Northern District of Georgia; $50,000,000.00 bad faith claim against Allstate. Case dismissed in favor of Allstate.

Lead counsel in recent GA Supreme Court and Court of Appeals precedent:

Davis v. Deutsche Bank Nat. Trust Co., 285 Ga. 22, 673 S.E.2d 221, 09 FCDR 416, Ga., February 09, 2009 (NO. S08A2067) - won at Supreme Court.

Hash Properties, LLC v. Conway, 298 Ga.App. 241, 679 S.E.2d 799, 09 FCDR 2055, Ga. App., June 05, 2009 (NO. A09A0531) - won and received $40,000.00 in attorney’s fees on top of the Motions for Summary Judgement award.

Order Homes, LLC v. Iverson, --- S.E.2d ----, 2009 WL 2517087, 09 FCDR 2847, Ga. App., August 19, 2009 (NO. A09A0931) - this one clarified the law in GA on arbitrating claims in construction cases—applying equitable estoppel doctrine where non-signatories sub-contractors could compel contracting party to arbitrate construction defect claims.

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Kurt R. Hilbert

Robert D. Williams

Matthew J. Lee

Steven A. Herman

Lisa York Bowman

Support Team

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