James W. Kilbourne, Jr.

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James W. Kilbourne, Jr.: Attorney with Allen Stahl + Kilbourne
Attorney Awards
  • Martindale-Hubbell Peer AV Preeminent Rating
About Attorney Awards

Biography

James is recognized locally and statewide for his leadership in the legal profession. James was President of the Buncombe Bar in 2018-19 and President of the Western District Federal Bar in 2016-2017. He served as the chair of the North Carolina Bar Association Convention Planning Advisory Committee for the 2018 (Wilmington) and 2019 (Biltmore) Conventions. He is currently serving as Chair of the NCBA Appellate Practice Section and has served on the North Carolina Appellate Rules Committee for 8 terms.

James is a litigation attorney with twenty-five years of experience, in all aspects of civil litigation, including depositions, hearings, mediations, arbitrations, jury trials, and appeals. He primarily handles the firm’s complex litigation, copyright/ trademark litigation, and appeals. He has significant trial experience in State, Federal and Tribal courts and is an excellent strategist and negotiator. James is also a certified mediator.

James worked with the Eastern Band of Cherokee Indians for 7 years earlier in his career and has likely tried more cases in the Cherokee Court than any other attorney. On issues of tribal jurisdiction, he has spoken nationally for the Federal Bar, American Bar Association, National Criminal Justice Association, Executive Office of U.S. Attorneys, and Department of Justice: Office of Victims of Crime. On Native American legal issues, his work has been highlighted in the Wall Street Journal, Los Angeles Times, Indian Country Today, Congressional Record, and a number of law reviews.

AWARDS:

AV® Preeminent Rated since 2014

Legal Elite, Business North Carolina, Appellate, 2022

Super Lawyers, Construction Litigation, 2018, 2019, 2020, 2021, 2022, 2023

QUOTES AND CITATIONS IN NATIONAL PUBLICATIONS:

• Reason, “The Volokh Conspiracy: Is Ownership of Guns Itself Evidence of Drug Dealing?,” Column by Eugue Volokh, March 17, 2022 (online version)

• Arizona Journal of Environmental Law and Policy, “The Shifting Landscape of Ancestral Lands: Tribal Gathering of Traditional Plants in National Parks,” Article by Andrew Schrack, Fall 2018, Page 1.

• University of Florida Journal of Law and Public Policy, “Allotment of Justice: How U.S. Policy in Indian Country Perpetuates the Victimization of American Indians,” Note by Elise Helgesen, December 2011, Page 443.

• University of Illinois Law Review, “Unguarded Indians: The Complete Failure of the Post-Oliphant Guardian and the Dual-Edged Nature of Parens Patriae,” Article by Gavin Clarkson and David DeKorte, 2010, Page 1120-21.

• Wall Street Journal, “On U.S. Indian Reservations, Criminals Slip Through the Cracks,” Article by Gary Fields, June 16, 2007, Page A1

• ABA Journal Now, “Laws Create Tribal Justice Gap,” Article by Debra Cassen Weiss, June 18, 2007 (online version)

• Congressional Record, “H.R. 3093: Commerce, Justice, Science and Related Agencies Appropriations Act, 2008: Proceedings of the United States House of Representatives,” Remarks of Representative Jay Enslee [Washington], July 26, 2007, Page H8640

• Los Angeles Times, “Reservations Beyond the Law,” Editorial by Gavin Clarkson, August 3, 2007, Page A14

• Indian Country Today, “Justice Declined,” Editorial by Gavin Clarkson, August 24, 2007, Page B10

• Congressional Record, “H.R. 3093: Departments of Commerce, Justice, Science and Related Agencies Appropriations Act, 2008: Proceedings of the United States Senate,” Remarks of Senator John Thune [South Dakota], October 15, 2007, Section 20, Page S12854

• Wofford College, “Terrier Celebrity: James Kilbourne, ’93,” Article by Lisa Ware for Wofford Alumni Association, October 2007 (online version)

• Denver Post, “Justice: Inaction’s Fatal Price,” Article in the Series “Lawless Lands” by Michael Riley, November 12, 2007, Page A1

• University of Michigan Journal of Law Reform, “Tribal Jurisdiction and Domestic Violence: The Need for Non-Indian Accountability on the Reservation,” Note by Amy Radon, Summer 2004, Page 1275.

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

• North Carolina State Bar

• Buncombe (28th Judicial District) Bar

- President 2018-2019

- President Elect 2017-2018

- Vice President 2016-2017

- Executive Committee 2013-2020

- Chair, Communications, Committee 2015-2016

• North Carolina Appellate Rules Committee 2015-present

- Chair, En Banc Subcommittee, 2017-present

- Co-chair, MAPS Subcommittee, 2016-2017

• North Carolina Bar Association

- Nominations Committee, 2017-2019

- Appellate Practice Section Council 2014-present

-- Chair, 2022-2023

-- Vice-Chair, 2021-2022

-- Treasurer, 2020-2021

-- Secretary 2019- 2020

-- Chair, Legislative/Ethics Committee 2014-2020

- Convention Planning Advisory Committee 2013-2019

-- Committee Chair, 2017-2019

- Technology Advisory Committee, 2005-2011, 2013-2014

• Federal Bar Association, Western District NC Chapter

- President 2016-2017

- Vice President, 2014-2016

- Secretary 2013-2014

- Leadership Council 2012-2013

- Indian Law Section 2002-present

• Cherokee Bar Association (Charter Member)

• Supreme Court Project, Native American Rights Fund

• Chair, Lake Logan Architectural Review Committee, 2013-present

• Clerk to the Vestry, St. Mary’s Church [Episcopal], Asheville, North Carolina 2005-2007

• Delegate, Annual Convention, 2007, Diocese of Western North Carolina, Episcopal Church

• Member, Board of Directors, Lyric Opera of Asheville 2008-2011

• Charter Member, Wellness Coalition, Cherokee, North Carolina

• Executive Committee, Wofford Alumni Admissions Council

• Match Secretary, Asheville Empire Lacrosse Club, 2013-2015
See more ›

Areas of Practice (8)

  • Litigation-Civil
  • Complex Litigation
  • Appellate Law
  • Construction Law
  • Native American Law
  • Local Counsel
  • Mediation
  • Debtor Rights

Education & Credentials

University Attended:
Wofford College, B.A., Government and History, cum laude, 1993
Law School Attended:
University of North Carolina School of Law, J.D., 1997
Year of First Admission:
1997
Admission:
1997, North Carolina; 1999, U.S. Court of Appeals, 4th Circuit; 1999, U.S. District Court, Eastern District of North Carolina; 1999, U.S. District Court, Middle District of North Carolina; 2001, Eastern Cherokee; 2006, U.S. District Court, Western District of North Carolina; 2012, U. S. Court of Appeals for the Federal Circuit
Reported Cases:

United States v. Plemmons, __ Fed. Appx. __, 2019 U.S. App. LEXIS 15144, 2019 WL 2207516 [unpublished] (United States Court of Appeals for the Fourth Circuit, May 22, 2019).

United States v. McCoy, 895 F.3d 358 (United States Court of Appeals for the Fourth Circuit, 2018), cert. denied, __ U.S. __, 139 S. Ct. 494, 202 L. Ed. 2d 386 (Nov. 13, 2018).

Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'n, Inc., 805 S.E.2d 147 (North Carolina Court of Appeals, 2017), disc rev. denied, appeal dism., 811 S.E.2d 596 (North Carolina Supreme Court, 2018).

United States v. Brown, 707 Fed. Appx. 194 [unpublished] (United States Court of Appeals for the Fourth Circuit, 2017).

United States v. Rader, 680 Fed. Appx. 238, 239 [unpublished] (United States Court of Appeals for the Fourth Circuit, 2017).

Crocker v. Brown, 2016 WL 7404719, at *1 (United States District Court for the Western District of North Carolina, 2016).

Equal Employment Opportunity Comm'n v. Mayflower Seafood of Goldsboro, Inc., 2016 WL 9782116 (United States District Court for the Eastern District of North Carolina, 2016).

United States v. Contreras, 615 Fed. Appx. 805 [unpublished] (United States Court of Appeals for the Fourth Circuit, 2015).

United States v. Bailey, 2015 WL 3751726, 2015 WL 1893610 (United States District Court for the Western District of North Carolina, 2015).

Hometrust Bank v. Tsiros, 764 S.E.2d 698 (Mem.), 2014 WL 4072094 (North Carolina Court of Appeals, 2014) (unpublished), disc. rev. denied, 767 S.E.2d 326 (North Carolina Supreme Court, 2014).

Stahl v. CTS Corp., 2014 WL 6879393 (United States District Court for the Western District of North Carolina, 2014)

Scherer v. Steel Creek Property Owners Assoc., 2015 WL 1611801, 2014 WL 2196065, 2014 WL 813824, 2015 WL 1611801 (United States District Court for the Eastern District of North Carolina, 2014, 2015)

Rutherford Plantation, LLC v. Challenge Golf Group of the Carolinas, 758 S.E.2d 707 (Table), 2014 WL 1384478 (North Carolina Court of Appeals, 2014)

Hometrust Bank v. Green, 752 S.E.2d 209, 231 N.C. App. 260 (North Carolina Court of Appeals, 2013).

The Glens of Iron Duff v. Daly, 747 S.E.2d 527, 747 S.E.2d 529 (Mem), 2013 WL 4679550, 2013 WL 4679690 (Grant of Discretionary Review by North Carolina Supreme Court, 2013), 753 S.E.2d 152 (Discretionary Review Improvidently Allowed by North Carolina Supreme Court, 2014).

Belsome v. Rex Ventures, 2013 WL 6860303 (United States District Court for the Western District of North Carolina, 2013)

Tate v. Loftus, 748 S.E2d. 324 (Mem), 2013 WL 5536071 (Denial of Review by North Carolina Supreme Court, 2013)

Klopfer v. Queens Gap Mountain, LLC, 2013 WL 5492490 (United States District Court for the Western District of North Carolina, 2013)

PNC Bank, N.A. v. Welsh Realty, LLC, 2014 WL 4368064, 2013 WL 5494003 (United States District Court for the Eastern District of North Carolina, 2014/2013)

Walker v. Queens Gap Mountain, LLC, 2013 WL 5492519 (United States District Court for the Western District of North Carolina, 2013)

Rezapour v. Earthlog Equity Group, Inc., 2013 WL 5493010, 2013 WL 3326026 (United States District Court for the Western District of North Carolina, 2013)

Myers v. Queens Gap Mountain, LLC, 2013 WL 5492512 (United States District Court for the Western District of North Carolina, 2013)

United States v. Bailey, 2011 WL 1343192, 2011 WL 2414231, 2012 WL 569744, 926 F.Supp.2d 739 (United States District Court for the Western District of North Carolina, 2011, 2012, 2013)

Tate v. Loftus, 2013 WL 3356831 [unpublished] (North Carolina Court of Appeals, 2013)

Blue Ridge Savings Bank v. Mitchell, 734 S.E.2d 572, 366 N.C. 331 (North Carolina Supreme Court, 2012)

Pyle v. Department of Justice, 494 Fed.Appx. 93 (United States Court of Appeals for the Federal Circuit, 2012)

Gibson v. United States, 568 U.S. 802, 133 S.Ct. 113, 184 L.Ed.2d 2 (Writ of Certiorari Granted by United States Supreme Court; Judgment Vacated and Case Remanded, 2012)

Johnson v. Triad Design Group, P.A., 2012 WL 2573070, 2011 WL 8190105 (United States District Court for the Western District of North Carolina, 2011, 2012)

Blue Ridge Savings Bank v. Mitchell, 721 S.E.2d 322, 218 N.C.App. 410 (North Carolina Court of Appeals, 2012)

In Re Bayless, 2012 WL 113654 (United States Bankruptcy Court for the Western District of North Carolina, 2012).

United States v. Gibson, 453 Fed.Appx. 295, 2011 WL 5356730 [unpublished] (United States Court of Appeals for the Fourth Circuit, 2011)

In re Bashor, 2011 WL 4595508 (United States District Court for the Western District of North Carolina, 2011)

Morgan v. Children’s Home Soc. Of North Carolina, Inc., 2011 WL 3268736, 2011 WL 2532807 (United States District Court for the Western District of North Carolina, 2011)

United States v. Littlejohn, 2010 U.S. Dist. LEXIS 129133, 2010 WL 4854920 (United States District Court for the Western District of North Carolina, 2010)

United States v. Dryman, 2010 U.S. Dist. LEXIS 110672, 2010 WL 3911407 (United States District Court for the Western District of North Carolina, 2010

David v. Sossoman, 206 N.C. App. 329, 698 S.E.2d 556, 2010 N.C. App. LEXIS 1465 (North Carolina Court of Appeals, 2010)

United States v. Gibson, 2010 U.S. Dist. LEXIS 43682, 2010 WL 1816142 (United States District Court for the Western District of North Carolina, 2010)

United States v. Reyes, 340 Fed.Appx. 868 [unpublished] (United States Court of Appeals for the Fourth Circuit 2009)

United States v. Reyes, 2008 WL 5170184, 2009 U.S. Dist. LEXIS 99204 (United States District Court for the Western District of North Carolina, 2008)

Tesesova v. Bone, 2008 U.S. Dist. LEXIS 5866, 2008 WL 2074077 (United States District Court for the Western District of North Carolina, 2007, 2008)

EBCI v. Crowe, 2007 WL 7079610 (Cherokee Court, 2007)

EBCI v. Brooms, 2007 WL 7079611 (Cherokee Court, 2007)

EBCI v. Cruz, 2007 WL 7080185 (Cherokee Court, 2007)

EBCI v. Ledford, 2007 WL 7080150 (Cherokee Court, 2007)

EBCI v. Bowers, 2007 WL 7080171 (Cherokee Court, 2007)

EBCI v. Smith, 2006 WL 6500556 (Cherokee Court, 2006)

In re Crowe, 4 Cher. Rep. 23, 2005 N.C. Cherokee Sup. Ct. LEXIS 9 (Cherokee Supreme Court, 2005)

EBCI v. Torres, 4 Cher. Rep. 9, 2005 N.C. Cherokee Sup. Ct. LEXIS 6 (Cherokee Supreme Court, 2005)

EBCI v. Swimmer, 3 Cher. Rep. 140, 2004 N.C. Cherokee Sup. Ct. LEXIS 22 (Cherokee Supreme Court, 2004)

EBCI v. Huskey, 3 Cher. Rep. 138, 2004 N.C. Cherokee Ct. LEXIS 575 (Cherokee Court, 2004)

EBCI v. Swimmer, 3 Cher. Rep. 136, 2004 N.C. Cherokee Ct. LEXIS 574 (Cherokee Court, 2004)

EBCI v. Bradley, 3 Cher. Rep. 135, 2004 N.C. Cherokee Sup. Ct. LEXIS 21 (Cherokee Supreme Court, 2004)

EBCI v. Oocumma, 3 Cher. Rep. 132, ___ Lexis _____ (Cherokee Supreme Court)

EBCI v. Reed, 3 Cher. Rep. 126, 2004 N.C. Cherokee Ct. LEXIS 572 (Cherokee Court)

EBCI v. Montelongo, 3 Cher. Rep. 126, 2004 N.C. Cherokee Ct. LEXIS 19 (Cherokee Supreme Court)

EBCI v. Montelongo, 3 Cher. Rep. 124, 2004 N.C. Cherokee Ct. LEXIS 571 (Cherokee Court, 2004)

EBCI v. Mitchell, 3 Cher. Rep. 120, ___ Lexis _____ (Cherokee Court)

EBCI v. Swimmer, 3 Cher. Rep. 119, 2004 N.C. Cherokee Ct. LEXIS 568 (Cherokee Court, June 2, 2004)

EBCI v. Watty, 3 Cher. Rep. 117, 2004 N.C. Cherokee Ct. LEXIS 567 (Cherokee Court, 2004)

EBCI v. Regan, 3 Cher. Rep. 115, 2004 N.C. Cherokee Ct. LEXIS 566 (Cherokee Court, 2004)

EBCI v. Prater, 3 Cher. Rep. 111, 2004 N.C. Cherokee Ct. LEXIS 565 (Cherokee Court, 2004)

EBCI v. Howard, 3 Cher. Rep. 99, ___ Lexis _____ (Cherokee Supreme Court)

EBCI v. Sequoyah, 3 Cher. Rep. 95, 2004 N.C. Cherokee Ct. LEXIS 564 (Cherokee Court, 2004)

EBCI v. Eckley, 3 Cher. Rep. 93, 2004 N.C. Cherokee Ct. LEXIS 563 (Cherokee Court, 2004)

EBCI v. Hicks, 3 Cher. Rep. 91, 2004 N.C. Cherokee Ct. LEXIS 562 (Cherokee Court, 2004)

EBCI v. Fields, 3 Cher. Rep. 90, 2004 N.C. Cherokee Ct. LEXIS 561 (Cherokee Court, 2004)

EBCI v. Torres, 3 Cher. Rep. 87, 2004 N.C. Cherokee Ct. LEXIS 560 (Cherokee Court, 2004)

EBCI v. Chavez, 3 Cher. Rep. 85, 2004 N.C. Cherokee Ct. LEXIS 559 (Cherokee Court, 2004)

EBCI v. Montelongo, 3 Cher. Rep. 84, ___ Lexis _____ (Cherokee Supreme Court)

EBCI v. Littlejohn, 3 Cher. Rep. 83, 2003 N.C. Cherokee Sup. Ct. LEXIS 16 (Cherokee Supreme Court, 2003)

In re Welch, 3 Cher. Rep. 71, 2003 N.C. Cherokee Ct. LEXIS 994 (Cherokee Court, 2003)

EBCI v. Cucumber, 3 Cher. Rep. 66, 2003 N.C. Cherokee Sup. Ct. LEXIS 12 (Cherokee Supreme Court, 2003)

EBCI v. Lambert, 3 Cher. Rep. 62, 2003 N.C. Cherokee Ct. LEXIS 993 (Cherokee Court, 2003)

EBCI v. Standingdeer, 3 Cher. Rep. 44, 2003 N.C. Cherokee Ct. LEXIS 991 (Cherokee Court, 2003)

EBCI v. Nations, 3 Cher. Rep. 43, 2002 N.C. Cherokee Ct. LEXIS 1324 (Cherokee Court, 2002)

EBCI v. Long, 3 Cher. Rep. 37, ___ Lexis _____ (Cherokee Court)

EBCI v. Myers, 3 Cher. Rep. 31, 2002 N.C. Cherokee Ct. LEXIS 1320 (Cherokee Court, 2002)

Seagle v. Kent-Coffey Manufacturing, 131 N.C. App 154, 510 S.E.2d.416 (N.C. Ct. App., 1998)

Hancock v. Tenery, 131 N.C. App. 149, 505 S.E.2d 315 (N.C. Ct. App., 1998)

Certifications:
Mediator
ISLN:
913473267

Payment Information

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Other Information
Free initial consultation, Fixed fees available

Peer Reviews

4.7/5.0 (29 reviews)
Martindale-Hubbell® AV Preeminent Rating Badge

  • Legal Knowledge

    4.8/5.0

  • Analytical Capability

    4.8/5.0

  • Judgment

    4.7/5.0

  • Communication

    4.6/5.0

  • Legal Experience

    4.7/5.0

  • 5.0/5.0 Rated by a Sole Practitioner on 06/29/14 in Civil Litigation

    I have worked with James on several cases over a several year period -- and he is one of the best attorneys I know. He is outstanding in every way!

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  • 5.0/5.0 Rated by a Member on 06/20/14 in Civil Litigation

    James has excellent trial skills and is very courteous to opposing counsel. He observes high standards of professionalism in his practice. He is well qualified in both court practice and appellate practice.

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  • 5.0/5.0 Rated by a Sole Practitioner on 07/06/14 in Personal Injury

    Besides being an incredible attorney and a wonderful human being, Jamie has an outstanding sense of humor and ability to roll with whatever comes his way. These are traits that rarely occur simultaneously. I refer cases to him routinely and often l... Read more

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  • 5.0/5.0 Rated by a Sole Practitioner on 07/06/14 in Construction Law

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  • 5.0/5.0 Rated by a Sole Practitioner on 07/06/14 in Indian Law

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  • 5.0/5.0 Rated by a Sole Practitioner on 07/06/14 in Civil Litigation

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  • 5.0/5.0 Rated by a Partner on 07/01/14 in Litigation

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  • 5.0/5.0 Rated by a Partner on 06/30/14 in Civil Litigation

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  • 5.0/5.0 Rated by a Managing Partner on 06/28/14 in Tribal Law

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  • 5.0/5.0 Rated by a Managing Partner on 06/28/14 in Appellate Practice

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828-920-0139  Phone

www.asklawnc.com/james-w-kilbourne

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