Joseph P. McGuire

Joe’s expertise ranges from contracts and intra-corporate conflict to torts, trade secrets, insurance and municipal matters. He focuses on contract disputes, municipal liability, shareholder rights, governance of limited liability companies, unfair and deceptive trade practices, insurance coverage, business fraud and property disputes. Joe helps his clients with business disputes that may be resolved through negotiation, mediation or litigation. He has more than 35 years of experience in the state and federal courts at both trial and appellate levels. Representative clients include The City of Asheville, Buncombe County and Historic Biltmore Village. The Joseph P. McGuire First Year Seminar on Critical Thinking at UNC-Chapel Hill was named after him.

Client Successes

  • Granted an injunction against a partner’s interference with company operations
  • Gained judicial invalidation of a covenant not to compete with a former employer
  • Gained dismissal of claims for adverse possession of mountaintop tract
  • Granted dismissal of claims of fraud against a senior care center
  • Negotiated the settlement of wrongful death claims in mediation

Appellate Decisions

  • Fortner v. Hornbuckle, 761 S.E.2d 683, 2014 N.C. App. LEXIS 820 (2014) (decedent’s deeds as completed gifts).
  • Cebula v. Givens Estates, Inc., 763 S.E.2d 338, 2014 N.C. App. LEXIS 766 (2014) (services agreement for retirement community).
  • Timber Integrated Investments, LLC v. Welch, 763 S.E.2d 17, 2014 N.C. App. LEXIS 736 (2014) (enforcement of a settlement agreement).
  • Rutherford Plantation, LLC v. The Challenge Golf Group of the Carolinas, LLC, 367 N.C. 197, 753 S.E.2d 152 (2014) (application of the anti-deficiency statute).
  • Williams v. Humphreys, 744 S.E.2d 496, 2013 N.C. App. LEXIS 513 (2013) (physician’s liability for medical negligence).
  • McClure v. County of Jackson, 185 N.C.App. 462,648 S.E.2d 546 (2007)(county's liability for unlawful removal of chair of local airport authority).
  • Smith v. Jackson County Board of Education, 168 N.C.App. 452, 608 S.E.2d 399 (2005)(school board's liability for coach's misconduct with student).
  • VisionAir, Inc. v. James, 167 N.C.App. 504, 606 S.E.2d 359 (2004)(injunctive relief for misappropriation of computer trade secrets).
  • Layman v. Alexander, 343 F.Supp.2d 483 (W.D.N.C. 2004)(sheriff's liability for detention officers' indifference to arrestee's medical needs).
  • Doyle v. Asheville Orthopedic Associates, 148 N.C.App. 173, 557 S.E.2d 577 (2001), rev. denied, 355 N.C. 348, 562 S.E.2d 278 (2002)(employer liability for constructive discharge of physician employee).
  • Millar v. Reliastar Life Ins. Co., 157 F.Supp.2d 645 (W.D.N.C. 2000)(arbitrability of insurance dispute).
  • Prentiss v. Allstate Ins. Co., 7 F.Supp.2d 514 (W.D.N.C. 1999)(constitutionality of provision of state driver incentive plan).
  • D'Alessandro v. Westall, 972 F.Supp. 965 (W.D.N.C. 1997)(municipal liability for high speed police pursuit).
  • Toms v. Lawyers Mutual Liab. Ins. Co., 104 N.C.App. 88, 408 S.E.2d 206 (1991), cert. denied, 330 N.C. 618, 412 S.E.2d 95 (1992)(insurer duty to defend under professional liability policy).
  • Mountain Federal Land Bank v. First Union National Bank, 98 N.C.App. 195, 390 S.E.2d 679, cert. denied, 327 N.C. 141, 394 S.E.2d 178 (1990)(enforceability of bank's standby letter of credit).
  • Leasing Service Corp. v. Crane, 804 F.2d 828 (4th Cir. 1986)(well drilling company's liabilities under equipment lease).
  • Stines v. Willyng, Inc., 81 N.C.App. 98, 344 S.E.2d 546 (1986)(enforceability of park easement described in developer's plat).
  • Land-of-Sky Regional Council v. County of Henderson, 78 N.C.App. 86, 336 S.E.2d 653 (1985)(county's liability for share of regional council's budget).

Community Involvement

Joe’s community involvement includes participation with:

  • Martin Luther King, Jr. Association of Asheville and Buncombe County
  • Board of Trustees of Lenoir-Rhyne University
  • Leadership Asheville Forum
  • Central United Methodist Church
  • Harry C. Martin American Inn of Court
  • Board of Trustees of Brevard College
  • Center for Diversity Education at UNC-Asheville
  • Board of Trustees of WNC Conference of United Methodist Church
  • President of Asheville American Inn of Courts
  • Member of the Pen and Plate Club, which dates back to 1904

Bar

North Carolina State Bar (1975)

U.S. District Court for the Western District of North Carolina (1976)

Education

UNC-Chapel Hill (Morehead Scholar) (B.A., 1972)

Harvard Law School (Moot Court Finalist) (J.D., 1975)

Awards

Business North Carolina’s 2014 Legal Elite

Best Lawyers in America

Super Lawyer by SuperLawyer.com

Citizen Lawyer Award from N.C. Bar Association

Distinguished Leadership Award from National Association of Community Leadership

Circle of Excellence Award from Leadership Asheville Forum