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Culver V. Halliday

Member, Louisville

Culver is a Member in Stoll Keenon Ogden's Louisville office. He is a member of the Business Litigation practice and serves as Chair of the Securities Litigation practice. Culver is also a member of the Arbitration & Mediation, Banking Litigation, Trust & Estate Litigation, Bankruptcy & Financial Restructuring and Environmental practices. His practice includes litigating actions in federal and state trial and appeals courts involving contract, note, securities, pension, fiduciary duty, franchise, employment, environmental, estate, zoning and lender liability issues.

For his many legal accomplishments, Culver is listed in The Best Lawyers in America®, recognized as a "Future Litigation Star" by Benchmark Litigation and honored as a Kentucky Super Lawyer. He is a member of the Louisville, Kentucky and American Bar associations, as well as the Federal Bar Association.

Education
Duke University Private Adjudication Center
1995
University of Louisville Brandeis School of Law
1984, J.D.
Centre College
1980, B.A.
Admissions
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Southern District of Indiana
U.S. District Court, Western District of Kentucky
U.S. District Court, Western District of Michigan

Recognition

  • Benchmark Litigation, Future Litigation Star, Lender Liability; Securities, 2015-2017
  • Listed in Best Lawyers in America®, Commercial Litigation
  • Louisville Magazine Top Lawyer, Business Litigation and General Litigation, 2013; General Litigation, 2016
  • Kentucky Super Lawyer, Business Litigation
  • Law clerk for the Honorable Thomas A. Ballantine, judge, United States District Court for the Western District of Kentucky, 1984-1986
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Affiliations

  • American Bar Association
  • Kentucky Bar Association
  • Louisville Bar Association
  • University of Louisville School of Law, alumni board
  • Bunbury Repertory Theatre Company, board of directors
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Work Highlights

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, and SKO is now defending the borrower’s appeal.

Related Practices: Banking, Banking Litigation

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.

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.

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.

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.

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.