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Joe has been practicing with McGuire, Wood & Bissette since 1978. His recent work includes litigation related to trade secrets, shareholder rights, insurance coverage, business fraud, will caveats and estate disputes, and medical malpractice. Representative clients include Wachovia Bank and Trust Company and Hutton Insurance Companies.
When former client InterAct Public Safety Systems hired a competitor's senior design engineer who was bound under a non-compete agreement, the competitor sued for injunctive relief and damages. Joe defended InterAct in the superior court of New Hanover County, and the plaintiff eventually dismissed its lawsuit.
Among the personal-injury cases he has represented was the lawsuit instigated by a client who had suffered serious brain injuries in a collision on I-40. The trucking company named in the lawsuit and the North Carolina Department of Transportation denied any responsibility. Joe pursued the claims to settlement with the trucking company and to verdict against NCDOT, with the client receiving a settlement of more than $2.2 million. In another case, Joe represented a client who suffered brain injuries while in a local detention center but was not transported to the hospital as directed by the emergency room physician. The sheriff denied responsibility, and Joe pursued the case to a settlement of $675,000.
Appellate Decisions:
- 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).
Joe's recent speeches and panels include "Collaborative Leadership" and "Voices of Asheville/Buncombe County" for Leadership Asheville, as well as community dialogues for various civic groups. He was honored with the Circle of Excellence Award from Leadership Asheville and the Distinguished Leadership Award for the National Association for Community Leadership.
Joe serves as chair of the board of the Center for Diversity Education at UNCA and as the chair of the board of trustees for the Western North Carolina Conference of the United Methodist Church. He also serves on the board of trustees at Brevard College and on the board of Leadership Asheville Forum.
Asheville Attorneys > Joseph P. McGuire
Joseph P. McGuire
828.254.880048 Patton Avenue
PO Box 3180
Asheville, North Carolina 28802-3180
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Bar
Admitted to Bar 1975 (NC), 1976 (GA)U.S. District Court, Western District of North Carolina
4th Circuit Court of Appeals
Education
Harvard University (J.D., 1975)University of North Carolina at Chapel Hill (B.A., 1972)



























