Member of LLC sued for over $300,000,000.00 based on claims of breach of fiduciary duty, aiding and abetting and breach of contract, Hilbert Law obtained summary judgment in favor of company as to all claims. Order is published in Georgia State University College of Law Reading Room Georgia Business Court Opinions.
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.
Miller v Lynch; Fiberlight LLC et al, 2015CV256817; Superior Court Fulton County. $350,000,000.00 breach of fiduciary duties claim against Lynch et al. Motion for Summary Judgment denied in favor of Lynch.
ISN, Inc., d/b/a inSolutions v. David Wimbley, 2015CV264605; Superior Court of Fulton County. Partner dispute over ownership of intellectual property and fiduciary duties of members/managers in GA LLC.
Park Sterling Bank et al v. Cherokee Pointe LLC et al, 2011-SU- CB-49- 13; Superior Court of Pickens County. Dispute with Lender over multimillion dollar property and loan documents and alleged altered guaranty.
The Estate of Robert Lancaster, Jr. v. Susa Partnership, L.P. et al, A09A1507; Court of Appeals for the State of Georgia. Created precedent in Georgia involving liquidated damages clauses in contracts.
Davis v. Deutsche Bank Nat. Trust Co., 285 Ga. 22, 673 S.E.2d 221, 09 FCDR 416, Ga., February 09, 2009 (NO. S08A2067). Created precedent on procedural requirements to seek appeal to 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). Attorney Hilbert defended lower court victory of Motion for Summary Judgment award in GA Appellate court. Awarded $40,000.00 in attorney’s fees in addition to Motion for Summary Judgment Order.
Order Homes, LLC et al v. Allen Iverson et al, A09A0931; Court of Appeals for the State of Georgia. Created Georgia precedent on enforcing arbitration provisions against non-signatory parties to a construction agreement.
4 Atlantas Property Partners, Inc. v. Foxworthy, Inc. et al, 2008CV160607, Superior Court of Fulton County. Court grants client’s Motion to Set Aside Judgment and held in complex Quiet Title and in real property case, that judgment obtained that was over 2 years old was proper to be set aside and judgment ultimately dismissed.
Cornett Consulting, Inc. v. Susan D. Green et al v. Gail Downing, Tax Commissioner v. American Lien Fund, L.P.; 07-1- 7339-18; Superior Court of Cobb County. Dispute involves complex, several year, real estate litigation whereby HLF was hired 6 years into litigation and resolved matter in less than 60 days.
William E. Bass and William E. Stalvey v. Martins Landing Foundation, Inc. et al., 1:13-CV- 00076- MHS, United States District Court for the Northern District of Georgia Atlanta Division. Fair Labors Standards Act dispute involving overtime claims against HOA and Property Manager. Case resolved amicably.
Upshaw v. Southeastern Sleep Services, LLC et al, 13-C- 04221-S3; State Court of Gwinnett County. Contract dispute involving payment of severance and other employment obligations. Case resolved amicably.
Gerard Perry v. Wegman & Associates et al, 1:11-CV- 3769-TWT; United States District Court for the Northern District of Georgia Atlanta Division. Dispute involved defending against Fair Labor Standards Act claims for overtime and other matters. Case resolved amicably.