Culver V. Halliday
Member , Louisville KY
Culver is a Member of Stoll Keenon Ogden’s Louisville office. His practice is focused on representing clients in complex commercial disputes in federal and state trial and appeals courts, and before arbitration panels. His litigation practice experience includes the following:
Banking: Representing banks and credit unions, both as plaintiffs and defendants, in actions in state and federal courts. This includes pursuing claims by banks, credit unions, and other financial institutions to enforce payment by borrowers, guarantors, and other debtors, and defending banks and credit unions from lender liability claims.
Estates & Trusts: Representing estates and trusts, both as plaintiffs and defendants, in actions in state and federal courts. This includes litigating claims regarding the validity, enforcement, and interpretation of wills, the management of estate and trust assets, and breaches of fiduciary duty by estate and trust fiduciaries.
FINRA Arbitration: Representing claimants and respondents in FINRA Dispute Resolution arbitration cases. This includes representing claimants and respondents in FINRA arbitration cases where claims of breach of contract, breach of fiduciary duty, and violations of employment, solicitation, and confidentiality covenants have been alleged arising from the change of firms by brokers and investment advisors. This also includes representing claimants and respondents in FINRA arbitration customer cases where account management-related claims such as breach of contract, negligence, fraud, suitability, and negligent supervision are alleged.
Bankruptcy: Representing businesses as defendants in adversary proceedings brought in bankruptcy court, including those transferred from the bankruptcy court to a federal district court. This includes adversary proceedings brought to recover allegedly preferential transfers where there is significant litigation in connection with ordinary course and other substantive defenses.
Business: Representing businesses as plaintiffs and defendants in actions in state and federal courts litigating claims of breach of contract, breach of fiduciary duty, fraud and misrepresentation, and violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and Cable Communications Policy Act.
Insurance: Representing individuals and businesses, including insurers, in state and federal court actions regarding insurance coverage issues, bad faith claims, and the formation and operations of captive insurers.
Education
Duke University Private Adjudication Center, 1995
University of Louisville Brandeis School of Law, 1984, J.D.
Centre College, 1980, B.A.
Experience
Admitted In
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U.S. Court of Appeals, Second Circuit
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U.S. Court of Appeals, Sixth Circuit
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U.S. District Court, Eastern District of Kentucky
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U.S. District Court, Southern District of Indiana
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U.S. District Court, Western District of Kentucky
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U.S. District Court, Western District of Michigan
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Kentucky
Professional & Community Activities
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American Bar Association
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Kentucky Bar Association
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Louisville Bar Association
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Kentucky Shakespeare, Board of Directors, Member, 2011-2020
Accolades
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Benchmark Litigation, Future Litigation Star, Lender Liability; Securities, 2015 – 2017
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Best Lawyers in America®: Commercial Litigation (2013 – present)
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Kentucky Super Lawyers® Honoree, 2012 – 2020
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Louisville Magazine Top Lawyer, Business Litigation and General Litigation, 2013; General Litigation, 2016
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Law clerk for the Honorable Thomas A. Ballantine, judge, United States District Court for the Western District of Kentucky, 1984 – 1986
Work Highlights
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Lender Liability Defense
Represented a Kentucky community bank in defense of a borrower’s claims related to his investment with another borrower. The bank won summary judgment on all claims.
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Abuse of Power of Attorney & Joint Account
SKO successfully represented a trust company appointed as conservator for an individual diagnosed with dementia who had millions of dollars taken from him by his attorney-in-fact (power of attorney) who also fraudulently created joint survivorship accounts. The individual also generated a will in his favor. SKO successfully voided the will and recovered more than $16 million in assets.
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Rights of Nonprofit Members to Inspect Corporate Records
SKO represented certain members of a Kentucky nonprofit equine corporation in litigation against the nonprofit. When “significant deficiencies” were identified in the nonprofit’s $2 million annual budget, the organization refused to produce accounting records to the members who requested them. SKO obtained a summary judgment on behalf of its clients and defeated nonprofit’s motion for a stay of the judgment pending appeal. SKO also established that the nonprofit destroyed records, computer hard drives and backup servers during the pendency of the litigation. The Fayette Circuit Court held the nonprofit in contempt and ordered it to pay SKO’s fees. The nonprofit sought relief in the Kentucky Court of Appeals. Following the conclusion of the briefing by both parties, the nonprofit agreed to dismiss its appeals and to comply with the judgments entered in the Fayette Circuit Court action. This was a case of first impression in Kentucky. The Court held that, under Kentucky law, all Kentucky nonprofit corporations must allow their members to inspect and copy all of the corporation’s books and records.
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Kentucky Supreme Court Ruling & Selling of Interest
Successfully obtained a ruling from the Kentucky Supreme Court that enforced an oral contract between a beneficiary and the estate requiring the beneficiary to sell his interest with the estate’s interest in a bank.
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Suitability Claims
SKO successfully represented a bank acting in a fiduciary capacity in pursuing suitability claims against a securities firm. The amount recovered for our client was approximately $10,000,000.
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Securities Fraud
SKO’s client was one of several defendants sued by a group of disappointed investors alleging securities law violations. SKO mounted an aggressive defense, and while the plaintiffs settled with other defendants, they agreed to simply dismiss their claims against SKO’s client.
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