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Henry L. Kitchin, Jr. Partner

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Raleigh T +1 910 254 3822 F fax +1 910 254 3823
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Hal Kitchin concentrates his practice on business, commercial and real estate litigation and regulatory matters. In both the federal and state court systems, he represents both plaintiffs and defendants in antitrust, land use permitting, eminent domain, and breach of contract cases.

He has experience in complex commercial, product liability, construction and real estate litigation, as well as zoning, permitting, and land use matters and regulatory administrative law. He represents creditors in creditor’s rights and bankruptcy cases, and defends lenders in lender liability suits.

He has represented landowners and developers in disputes over land ownership, breaches of sales contracts, development rights and architectural control. He has prosecuted and defended against foreclosures of commercial properties, and has litigated lien claims and other construction disputes. He has advised and assisted property owners and businesses in complex zoning, permitting, and other land use entitlement matters, as well as infrastructure development and utility service territory matters.

On behalf of Fortune 100 manufacturing firms, he has defended against antitrust and unfair trade practice claims in several suits brought by competitors, as well as by classes of consumers. In those cases, he and his colleagues have obtained early dismissals or summary judgment in favor of their clients.

He has handled complex intracompany business disputes among directors, shareholders, partners and officers, including defense of derivative claims brought by shareholders against officers and directors. He has also represented companies in suits against former employees for theft of trade secrets, unfair competition, breaches of fiduciary duties, and outright fraud and embezzlement.

In addition to his law practice, Hal is active in bar and community affairs. In 2013, he served as Chairman of the Wilmington Chamber of Commerce. He has also served as Chairman of both the Cape Fear Future Foundation and the Greater Wilmington Chamber Foundation.  Since 2013, he has been a member of the Board of Trustees of the University of North Carolina Wilmington, and he currently serves as the Board’s Chairman.

Hal attended the University of North Carolina at Chapel Hill as a John M. Morehead Scholar. While attending Wake Forest School of Law, Hal served on the Wake Forest Law Review as a Notes & Comments Editor, and also served as a member of the Moot Court board.

Experience

  • Represented energy company in obtaining multiple local land use and other permits for facilities which are part of complex multi-state infrastructure project.
  • Represented client in defense of claims by dozens of individuals asserting personal injury and property damage claims arising out of allegedly contaminated groundwater.
  • Assisted client with analysis of rights and responsibilities in connection with multiple real estate acquisition and development projects.
  • Represented real estate developer in negotiating public-private partnership with municipality and nearby landowners to accelerate completion and decrease cost of certain highway improvements.
  • Represented remote manufacturer of door system in defense of express and implied warranty claims by condominium owners’ association regarding suitability of such door system for particular beachfront environment.
  • Represented client in dispute with subcontractor over the parties’ responsibilities to each other arising out of a complex environmental remediation project on military base.
  • Represented public utility in dispute with a local government over operation and maintenance of regional wastewater transmission and treatment facilities.
  • Represented airline in purported class action brought on behalf of class of curbside baggage handlers for wage-and-hour and similar claims based on allegation that airline was “joint employer” of handers.
  • Represented large retail chain and operator of nationwide, multi-event professional fishing tournament in defense of claims by professional fisherman that his team was damaged by tournament operator’s failure to apply tournament rules to disqualify fisherman’s competitor.
  • Represented unsecured claimants in a Chapter 11 bankruptcy proceeding of high-income individual, in which very favorable plan treatment was obtained for clients and other members of unsecured class.
  • Part of a team of attorneys who obtained a dismissal of a price-fixing class action lawsuit filed against several international chemical producers; court’s dismissal was the first reported North Carolina decision in which so-called “indirect purchasers” were denied antitrust standing-to-sue under North Carolina antitrust law.
  • Represented dealer of advanced radiography equipment in defense of claims by customer alleging that goods were defective; negotiated favorable settlement after proving that responsibility for defects in goods belonged with manufacturer and compelling manufacturer to cover losses suffered by customer.
  • Represented of a purchaser of large golf and retirement community in disputes with minority shareholders, and defense against claims of an alleged secured lender with respect to purported lien on numerous undeveloped lots.
  • Part of a team of attorneys who obtained summary judgment for a Fortune 100 manufacturer of consumer goods in a multibillion-dollar antitrust suit brought by the client’s major competitors.
  • Represented national lending institutions in several restructurings and several liquidations of multimillion-dollar troubled loans, including real estate-based loans.
  • Defended North Carolina county against claims asserted by plaintiffs alleging that the county’s courthouse was contaminated with toxic mold.
  • Prosecuted claims of commodities futures investor against brokerage firm before Commodities Futures Trading Commission, obtaining a positive outcome for client.
  • Represented two commercial construction firms in defense of class action lawsuits involving claims of toxic mold exposure in several public schools.

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