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W. Carleton Metcalf

Contact

Direct line: (828) 258-2991
Fax: (828) 257-2767 
Email: cmetcalf@vwlawfirm.com

Education

University of North Carolina
J.D., 1997
B.A. in History, cum laude, 1994

Meet Carleton

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 cases involving commercial disputes and business-related matters that are pending before the federal courts, the North Carolina Business Court, and North Carolina state courts.

Carleton also has significant experience in constitutional litigation, having handled 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 state and federal courts in North Carolina as well as all Cherokee Tribal Courts.  He is also admitted to practice before the United States District Court for the Eastern District of Michigan, the United States Courts of Appeal for the Fourth Circuit and the Federal Circuit, and the Supreme Court of the United States.

From 2007 to 2014, Carleton served as chair of the Firm’s Litigation Practice Group.

 

Representative Cases

  • Represented North Carolina corporation with multi-state activities in tax refund litigation against the Internal Revenue Service.
  • Defended corporation and management in complex litigation involving claims for breach of various business agreements as well as alleged breach of covenant not-to-compete and misappropriation of trade secrets.
  • Obtained dismissal of claims against financial institution under Truth-in-Lending Act and Regulation Z.
  • Obtained dismissal in North Carolina Business Court of multiple cases against financial institution brought by landowners in relation to failed real estate developments.
  • Defended former business owners and employees before North Carolina Business Court in post-sale litigation filed by franchisees.
  • 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.
  • 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.

Speaking and Writing Engagements

  • Asheville Area Paralegal Association, 2014 Fall Meeting, Proposed Changes to the Federal Rules of Civil Procedure, Asheville, North Carolina
  • Harry C. Martin Inn of Court, 2014 Spring Meeting, Panel Discussion on Local Counsel Practice, Asheville, North Carolina, 2014
  • Speaker, North Carolina Legal Ethics for Every Occasion, Asheville, North Carolina, December 17, 2013
  • Federal Bar Association, Western District of North Carolina, 2013 Annual Meeting and Dinner, Charlotte, North Carolina, October 23, 2013
  • Harry C. Martin Inn of Court, 2013 Spring Meeting, Panel Discussion on the Practical Aspects of Mediation, Asheville, North Carolina, May 15, 2013
  • Federal Bar Association, Western District of North Carolina, 2012 Annual Meeting and Dinner, Charlotte, North Carolina, November 14, 2012
  • Federal Bar Association, Western District of North Carolina, Civil Practice Seminar, Asheville, North Carolina, May 24, 2012
  • Federal Bar Association, Western District of North Carolina, 2011 Annual Meeting and Dinner, Charlotte, North Carolina, November 8, 2011
  • Speaker, Portrait Unveiling Ceremony for The Honorable Lacy H. Thornburg, United States District Court Judge (Retired), Asheville, North Carolina, September 23, 2011
  • Federal Bar Association, Western District of North Carolina, Criminal Practice Seminar, Charlotte, North Carolina, November 5, 2010
  • Federal Bar Association, Western District of North Carolina, Civil Practice Seminar, Asheville, North Carolina, 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 Justice 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
    • Western District of North Carolina Chapter
      • Founding Member and First President, 2009-2012
      • Immediate Past President, 2013-present
    • 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 School of Law, Alumni Association

Recognitions

  • Recipient of Leader in the Law Award, NC Lawyers’ Weekly and Elon University School of Law, 2014
  • Barrister, Harry C. Martin American Inn of Court
  • 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

Contact

Direct line: (828) 258-2991
Fax: (828) 257-2767 
Email: cmetcalf@vwlawfirm.com

Education

University of North Carolina
J.D., 1997
B.A. in History, cum laude, 1994

Work with Carleton

Born and reared in Waynesville, North Carolina, Carleton has family connections throughout Western North Carolina. He and his family are active in Covenant Community Church and other local organizations. In his free time, Carleton enjoys outdoor activities including hiking and backpacking, spending time with his family, and reading in a number of subjects.

Community Involvement

  • Pisgah Legal Services
    • Board of Directors, 2013-present
  • Covenant Community Church, Asheville, North Carolina
    • Church Council,  Chair 2011-2012
    • Staff-Parish Relations Committee
  • The Southern Appalachian Highlands Conservancy
  • Brush Creek Farms Homeowners’ Association
    • President and Director, 2009-2010
  • Asheville-Buncombe Youth Soccer Association
    • Coach, 2003, 2006
  • Upward Youth Basketball League
    • Coach, 2006-2007
  • Fairview Athletic Association
    • Coach (basketball), 2007-2009
  • Cratis Williams Graduate School, App. State University
    • External Advisory Board, 1997-2000