Michael Kitchen Jr.

Michael Kitchen Jr. is a Director in Fennemore’s Business Litigation and Probate Litigation practice groups. He assists clients with probate disputes (including representing both personal representatives and trustees as well as beneficiaries in will and trust contests and disputes, financial exploitation, capacity, and undue influence issues), partnership disputes, contract disputes, and business torts matters.

Prior to joining Fennemore, Michael served as an attorney at a top-rated law firm where he focused his practice on business and contract disputes and probate litigation. With over 25 years of experience, Michael has obtained favorable results in numerous matters, including an appeal concerning a claim against the Arizona Attorney General, overcoming the defense of absolute executive immunity, an appeal in defense of a racketeering claim relating to a labor dispute, a resolution during jury trial in a multimillion-dollar accounting liability case, two successive bench trials concerning a partnership dispute, and successful outcomes in numerous jury trials.

• J.D., University of Arizona, James E. Rogers College of Law
• B.A., University of Arizona

OTHER EXPERIENCE

• Civil Litigation
• Probate Litigation

• Prevailed on appeal concerning a claim against the Arizona Attorney General, overcoming the defense of absolute executive immunity. 214 Ariz. 175 Div. 1, 2007
• Prevailed on appeal in the defense of a racketeering claim relating to labor dispute. 615 F.3d 312 4th Cir., 2010
• Prevailed on appeal in a real estate purchase contract matter. 2019 WL 4793123 Div. 1, 2020
• Prevailed on appeal in a business dispute. 2020 WL 6140626 Div. 1, 2020
• Prevailed on appeal in a business purchase contract matter. 2020 WL 1862376 Div. 1, 2020
• Prevailed on appeal in a contract and business tort case relating to a real estate utility dispute. 2 CA-CV 2004-0042 Div. 2, 2005
• Prevailed on appeal in a partnership contract dispute. CA-CV 2005-0321 Div. 1, 2006
• Successful resolution during jury trial in a multimillion-dollar accounting liability case. 2002-CC-0869 La. 2003
• Successful verdict in a jury trial concerning a complex partnership dispute. CV2004-018733 2005
• Successful verdict in a jury trial concerning a complex partnership dispute. CV2008-052857 2011
• Successfully defended a company from multimillion-dollar claims in a jury trial. CV2008-000141 2012
• Prevailed in a bench trial concerning a trust dispute. PB2012-051133 2014
• Prevailed in a jury trial concerning the breach of a commercial property contract. CV2014-052598 2015
• Successfully defended a client from multimillion-dollar claims in a partnership dispute. 76-122-Y-000037-13 2016
• Prevailed in a jury trial concerning claims asserted in the context of a partnership dispute. CV2013-002402 2018
• Prevailed in two successive bench trials concerning a partnership dispute. CV2019-054728 2020

• Best Lawyers in America®: Commercial Litigation, 2024 – 2025

• Member, State Bar of Arizona
• Member, Executive Council, Religious Liberty Section, Arizona State Bar

• Arizona
• U.S. District Court, District of Arizona
• U.S. Court of Appeals for the Fourth Circuit

• German