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.
Below is a partial list of Mr. Hilbert's legal
- Defended and obtained dismissal of $50,000,000.00
bad faith claim against Allstate Insurance Company (2008).
$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
- 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.
brought a lawsuit to declare the initial GA Fair Lending Act
unconstitutional which resulted in the GA General Assembly amending
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
- 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.
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
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.
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
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
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
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
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:
Liability: It’s Not Just About Peanut Butter! - 2/21/09
Blunders and Baloney - 2/08/09
Contingency, Hybrid or Flat? - 2/1/09
I have a case? - 1/24/09
with Foreclosures - 1/19/09
The Fight Against Mortgage Fraud, Real Property Law Section Newsletter,
State Bar of Georgia, co-authored with Peter Lublin, Winter 2007.
Real Property Law Newsletter
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.
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
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
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Kurt R. Hilbert
Robert D. Williams
Matthew J. Lee
Steven A. Herman
Lisa York Bowman