Kurt B. Gilbert

Partner, Santa Fe

Mr. Gilbert is a partner in the Santa Fe office. He and his wife, Elicia Montoya, have been married for nineteen years, and are parents to two wonderful children. When not working, Kurt is most likely participating in (or sometimes just driving children to and from) some athletic, educational, or artistic endeavor. Kurt has coached soccer for the past eight years and basketball for the past three. Kurt also enjoys long-distance running, skiing, playing guitar, travelling, and cooking.

  • Litigation
  • Commercial Litigation
  • Trucking Litigation
  • Medical Malpractice Defense
  • Product Liability
  • Toxic Substance Exposure
  • Intellectual Property

Past Employment

  • Rodey, Dickason, Sloan, Akin & Robb, Santa Fe & Albuquerque, NM
    • Director & Shareholder: 2005 – February 2020
    • Litigation Associate: 2002 – 2004
  • Atkinson & Thal, Albuquerque, NM
    • Litigation Associate: 1999 – 2002

Honors and Awards

  • Southwest Super Lawyer 2013, 2014, 2015, and 2016, 2019
  • Best Lawyers in America 2017-Present
  • A-V Rated – Martindale-Hubbell

Community Activities

  • Board of Trustees, St. Michael’s High School, member, vice-president
  • First Judicial District Bar Association, President, Treasurer, and Secretary
  • Equal Access to Justice, member
  • Phi Alpha Delta, member
  • University of New Mexico School of Law
    • J.D. – 1999
    • Honor Roll Recipient, 1996-1999
    • Natural Resources Certificate Received May 1999
    • Natural Resources Law Award (1999)
    • Natural Resource Journal, Editor 1998 – 1999, Staff Member 1997-1998
  •  Northwestern University
    • B.A. – 1994
    • Major: Philosophy and Urban Studies

Bar Admissions

  • New Mexico

Professional Associations and Memberships

  • Member of the International Association of Defense Counsel
  • Member of the Association of Ski Defense Attorneys (ASDA)
  • Member of the Litigation Counsel of America

Published Works

  • Co-editor of the New Mexico chapter of Aspen Publishing Company’s Tort Law Desk Reference: A Fifty State Compendium
  • Co-author of Unfair Trade Practices: A Compendium of State Law, DRI Defense Library Series (2005)


  • Continuing Legal Education seminars and lectures on professionalism, trial practice, medical malpractice litigation, and medical record security.
  • Defended railroad companies in litigation involving asbestos and non-asbestos FELA claims and personal injury lawsuits.
  • Represented commercial entities in complex matters including anti-trust and fraud action pertaining to natural gas transaction.
  • Obtained defense verdict for common carrier in multi-party trucking pile-up collision action for wrongful death.
  • Obtained defense verdict in arbitration of contract dispute stemming from boxing promotion and event.
  • Obtained judgment for liability and punitive damages for commercial realty company in breach of contract and unjust enrichment case.
  • Obtained summary judgment on issue of causation on behalf of multiple clients sued in wrongful death action alleging exposure to asbestos.
  • Obtained favorable verdict for significantly less than final demand in personal injury action involving Fortune 500 laboratory services corporation.
  • Obtained defense verdict in trial involving allegations of breach of contract and fraud against municipal entity relating to development of infrastructure for hospital and trauma center premises.
  • Successfully resolved after three weeks of trial in a dram shop liability case involving permanent quadriplegia injuries and allegations of alcohol over-service and trespasser or employee assault.
  • Successfully resolved during trial case involving alleged malpractice in the performance of a gallbladder removal surgery.
  • Obtained in breach $11 million jury award in litigation involving condemnation of mid-sized water utility company.
  • Obtained defense verdict for client in copyright and unfair competition litigation against real estate developer.
  • Obtained revocation of bankruptcy discharge against judgment debtor found liable for fraud and RICCO violations.
  • Obtained directed verdict in products liability lawsuit alleging defective design and manufacture of automobile.
  • Obtained summary judgment in favor of automobile parts dealer in trademark infringement litigation.
  • Successfully represented a New Mexico municipality in multiple-party litigation concerning infrastructure development adjacent to a community hospital, prevailing on claims for breach of contract and damages.
  • Obtained defense verdict in trial involving allegations of automotive product defect.