W. Carleton Metcalf Legal Photo
 
W. Carleton Metcalf

Carleton is an experienced trial and appellate litigator who represents businesses ranging from local enterprises to large national or multi-national companies.  He appears regularly as lead or local counsel in federal court, North Carolina Business Court, and state court in cases involving commercial disputes, employment claims, and intellectual property.

Carleton also has significant experience in civil rights matters, having handled constitutional claims affecting freedom of speech, public employment, and due process.

As outside counsel for the Eastern Band of Cherokee Indians, he has represented the Tribe on novel civil rights issues under federal and tribal law.

Carleton is admitted to practice before all Cherokee Tribal Courts and all state and federal courts in North Carolina.  He is also admitted to practice before the United States District Court for the Eastern District of Michigan, the United States Court of Appeals for the Fourth Circuit and the Federal Circuit, and the Supreme Court of the United States.

Since 2007, Carleton has chaired the Firm’s Litigation Practice Group.

Practice Highlights

  • Obtained dismissal of claims against financial institution under Truth-in-Lending Act and Regulation Z (currently on appeal).
  • Obtained dismissal in North Carolina Business Court of multiple cases against financial institution brought by landowners in relation to failed real estate developments.
  • Successfully defended former business owners and employees before North Carolina Business Court in post-sale litigation filed by franchisees.
  • Successfully defended local restaurant franchisee at trial in sexual harassment and retaliation case brought by the Equal Employment Opportunity Commission.
  • Obtained summary judgment for public hospital and physician in constitutional tort/medical credentialing case by former medical staff member, including successful appeal to the United States Court of Appeals for the Fourth Circuit.
  • Successfully defended several wrongful death and personal injury cases against prison medical staff for alleged violations of civil rights and medical malpractice in both federal and state courts.
  • Handled constitutional tort and Title VII harassment claims against judicial officer, including successful appeal to the United States Court of Appeals for the Fourth Circuit.
  • Obtained summary judgment for specific performance in $2 million commercial real estate transaction.

Recent Speaking and Writing Engagements

  • Federal Bar Association, Western District of North Carolina, Civil Practice Seminar, April 23, 2010
  • Speaker, Asheville Area Paralegal Association, Jurisdiction of Federal and State Courts, March 4, 2010
  • Interviewed by anchor Victoria Dunkle, “This Morning” on WLOS 13/WMYA 40 (live television broadcast) concerning the confirmation hearings of Judge Sonia Sotomayor, July 13, 2009
  • Interviewed by anchor Victoria Dunkle, “This Morning” on WLOS 13/WMYA 40 (live television broadcast) concerning the United States Constitution, May 27, 2009
  • Guest Lecturer, Business and the Law Class, Warren Wilson College, March 14, 2008    
  • Speaker, Litigation Skills:  A Short Course for Paralegals, Asheville, North Carolina, December 14, 2007
  • Guest Lecturer, Business and the Law Class, University of North Carolina at Asheville, September 5, 2007  

Professional Affiliations

  • American Bar Association
    • Litigation Section
  • Federal Bar Association
    • Founding Member and First President of the Western District of North Carolina Chapter
    • Federal Litigation Section
  • North Carolina Bar Association
    • Litigation Section
    • Professionalism Committee, 2001-2006
    • Convention Planning Advisory Committee, 2002-2005
  • 28th Judicial District Bar
    • Secretary and Executive Committee Member, 2004-2007
    • Nominating Committee, 2000-2001
  • UNC Chapel Hill Law Alumni Association
    • Student Services Committee

Recognitions

  • Fellow, American Bar Foundation
  • Outstanding Service Award, 28th Judicial District Bar and Pisgah Legal Services, 2003
  • N.C. Internship Council (gubernatorial appointment), 1995
  • Certificate of Appreciation, Pre-Trial Office, United States District Court, Eastern District of North Carolina, 1994

Meet Carleton

11 North Market Street, Asheville, NC 28801   |   828-258-2991   |   Fax 828-255-0255
422 South Main Street, Hendersonville, NC 28792   |   828-697-6196   |   Fax 828-693-3999

Contact

Direct line: (828) 258-2991
Fax: (828) 257-2767

Click here to email W. Carleton Metcalf

V-Card

Practice Areas

Civil litigation, business and commercial disputes, federal litigation

Practice Groups

Litigation


Education

University of North Carolina at Chapel Hill
Juris Doctor, 1997

University of North Carolina at Chapel Hill
BA, with honors in History, 1994