W. Carleton Metcalf


Phone (828) 258-2991
Fax (828) 257-2767
University of North Carolina
Juris Doctor, 1997, and Bachelor’s Degree with honors in History, 1994

Carleton Metcalf has been with The Van Winkle Law Firm since 1997 . He is a senior principal, an officer of the firm, and a member of the Board of Directors.  A seasoned litigator and frequent speaker, he works with local businesses and multi-national companies in commercial disputes and business-related matters that are pending before the federal courts, the North Carolina Business Court and North Carolina state courts.  His experience also extends to matters of constitutional law, having handled claims affecting freedom of speech, public employment, and due process.

Metcalf 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.

Professional Affiliations
  • 28th Judicial District Bar, Past Executive Committee Member
  • American Bar Association, Fellow
  • Federal Bar Association, Founding Member and First President
  • North Carolina Bar Association
  • University of North Carolina Chapel Hill School of Law, Alumni Association
Awards and Honors
  • 28th Judicial District Bar and Pisgah Legal Services, “Outstanding Service Award”
  • Harry C. Martin American Inn of Court, Barrister
  • North Carolina Internship Council, Gubernatorial Appointment
  • North Carolina Lawyers’ Weekly and Elon University School of Law, “Leader in the Law Award”
  • United States District Court, Eastern District of North Carolina, Pre-Trial Office, Certificate of Appreciation
Representative Cases
  • Defended homeopathic pharmaceutical company and management in complex litigation involving alleged breach of national sales management contract and associated tort claims.
  • Represented multiple financial institutions in numerous lender liability and collections actions in federal court and North Carolina business court involving financing of real estate ventures.
  • 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
  • Harry C. Martin Inn of Court, 2015 Spring Meeting, Electronic Discovery, Asheville, North Carolina, June 3, 2015
  • 28th Judicial District Bar, Young Lawyers’ Division, The North Carolina Business Court and the 2014 Modernization Act, Asheville, North Carolina, May 15, 2015
  • North Carolina Bar Association 2015 Business Law Institute, Current Trends in Lender Liability Claims, Pinehurst, North Carolina, February 19, 2015
  • National Business Institute, Legal Ethics: Top Challenges, Charlotte, North Carolina, December 18, 2014
  • National Business Institute, Legal Ethics: Top Challenges, Asheville, North Carolina, December 17, 2014
  • Federal Bar Association, Western District of North Carolina, 2014 Annual Meeting and CLE, Recent Developments in E-Discovery, Asheville, North Carolina, October 17, 2014
  • Asheville Area Paralegal Association, 2014 Fall Meeting, Proposed Changes to the Federal Rules of Civil Procedure, Asheville, North Carolina, October 10, 2014
  • Harry C. Martin Inn of Court, 2014 Spring Meeting, Panel Discussion on Local Counsel Practice, Asheville, North Carolina, April 16, 2014
  • National Business Institute, 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

Born and raised in Waynesville, N.C., Carleton has a deep family history in 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
  • Asheville-Buncombe Youth Soccer Association, Coach
  • Brush Creek Farms Homeowners’ Association, Former President and Director
  • Covenant Community Church, Past Church Council Chairperson
  • Cratis Williams Graduate School at Appalachian State University, Former Member of External Advisory Board
  • Fairview Athletic Association, Coach
  • Pisgah Legal Services, Member of the Board
  • Southern Appalachian Highlands Conservancy
  • Upward Youth Basketball League, Coach