Sean G. Williamson

FIDUCIARY LITIGATION

• Commonwealth of Kentucky v. KKR & Co., L.P., et al.  The firm represents Blackstone, Inc., Blackstone Alternative Asset Management, L.P., and related entities and individuals in a series of actions brought on behalf of the Kentucky Retirement System and pension beneficiaries alleging breaches of statutory and fiduciary duties, civil conspiracy, and aiding and abetting breaches of statutory and fiduciary duties.
• Trust of Lee O. Gaston, ex rel. Carby v. Schmidt, No. 20-CI-00721 (Bullitt Cnty. Ky. Cir. Ct.).  The firm obtained summary judgment in favor of Stock Yards Bank and Trust Company in action alleging that the bank breached fiduciary duties to a trust when the individual trustee made unauthorized withdrawals from trust accounts maintained with the bank.
•  The Christian Broadcasting Network, Inc. v. Yockey, No. 19-CI-000469 (Jefferson Cir. Ct.).  The firm represented CBN as the beneficiary of trust in action to recovery damages from former trustee and others for alleged breach of fiduciary duties.

CONSUMER CLAIMS

• Beyer v. DraftKings, Inc., No. 1:25-cv-00003-DJH (W.D. Ky.).  The firm successfully represented DraftKings, Inc., and Crown KY Gaming LLC in a class action alleging fraud and violations of consumer protection statutes arising from online sports wagering promotions.
•  Blakeman v. Forcht Bank, N.A., No. 21-CI-00138 (Green Cnty. Ky. Cir. Ct.).  The firm represents Forcht Bank in a class action alleging violations of customer account agreements and consumer protection statutes related to certain bank fees.
• Johnson v. South Central Bank, No. 19-CI-01559 (Hardin Cnty. Cir. Ky. Ct.).  The firm represents South Central Bank in a class action alleging violations of customer account agreements and consumer protection statutes related to certain bank fees.
• White v. Universal Fidelity, LP, 793 F. App’x 389 (6th Cir. 2019). The firm represented a hospital corporation and debt collection entities in FDCPA action and a related equal protection challenge to Kentucky’s necessaries statute.  The district court dismissed plaintiff’s claims, and the Sixth Circuit affirmed the judgment.
• Sean frequently represents financial institutions and other clients in litigation brought by high-volume filers of FCRA claims.

SHAREHOLDER LITIGATION

• Laborers’ Local #231 Pension Fund v. PharMerica Corporation, No. 3:18-CV-109-RGJ-CHL, 2019 WL 4645583 (W.D. Ky. Sept. 24, 2019).  The firm obtained dismissal of shareholders’ class action asserting claims under the Securities Exchange Act of 1934 for an allegedly misleading proxy statement associated with the company’s going-private merger.
• Parshall v. Citizens First Corporation, No. 19-CI-00643 (Warren Cnty. Ky. Cir. Ct.).  The firm represented a local bank and its corporate officers in class action litigation brought by a putative class of shareholders demanding supplemental proxy disclosures and injunctive relief.  The litigation was dismissed before shareholders’ merger vote.

COMMERCIAL LITIGATION

• Penney Property Sub Holdings, LLC v. Linnick Investments, LLC,  No. 24-CI-01710 (Hardin Cnty. Ky. Cir. Ct.).  The firm represents the owner of a shopping mall in litigation brought by tenant to prevent the redevelopment of the shopping mall.  The firm defeated a motion for preliminary injunction seeking to enjoin the redevelopment project.
•  American Commercial Barge Line LLC v. Louis Dreyfus Company LLC, No. 4:19-CV-00274-SEB-DML (S.D. Ind.).  The firm successfully represented ACBL in a federal maritime dispute concerning liability for port charges imposed in connection with the fleeting and shifting of grain barges delivered to an export terminal on the lower Mississippi River.
• Nami Resources Co. v. Asher Land and Mineral, Ltd., 554 S.W.3d 323 (Ky. 2018).  The firm obtained reversal of $2.7 million punitive award based on alleged fraudulent concealment of underpaid natural gas royalties.
• Burnett v. Neal, No. 18-CI-002002 (Jefferson Ky. Cir. Ct.).  The firm obtained summary judgment in favor of a watercraft manufacturer dismissing indemnity and contribution claims, which alleged that a purported product defect caused or contributed to the death of a passenger in a boating accident.
• Cogan Imports, Inc. v. Dharod, No. 3:16-CV-00352-GNS, 2019 WL 3536000 (W.D. Ky. Aug. 2, 2019).  The firm obtained summary judgment for the defendant on breach of contract claims asserted by a motor vehicle dealer attempting to compel specific performance of an alleged email contract for the $2.7 million purchase of a Ferrari automobile.
• National Achievement Source, LLC v. Jefferson County Public Schools, No. 17-CI-004017 (Jefferson Cnty. Ky. Cir. Ct.).  The firm defeated a motion for preliminary injunction, and obtained complete dismissal of vendor’s claims of alleged violations of the Kentucky Model Procurement Code arising from student purchases of graduation memorabilia, including caps and gowns.

INSURANCE MATTERS

• Scottsdale Insurance Company v. Seven Counties Services, Inc., No. 3:23-cv-000357-DJH-CHL (W.D. Ky.).  The firm represents Seven Counties in insurance coverage litigation arising from the death of a minor at a residential facility.
• Finn Holding Corporation v. National Union Fire Insurance Company, No. 4:19-CV-70-TWP-DML (S.D. Ind.).  The firm represented Finn Holding Corporation and Commercial Barge Line Company in litigation seeking insurance coverage for arising from a criminal scheme to defraud an employee health insurance plan.
• Sean also has significant experience defending insurers, including the Northwestern Mutual Life Insurance Company, in claims arising from the denial of disability benefits and other insurance benefits.

INTELLECTUAL PROPERTY  AND UNFAIR COMPETITION MATTERS

• Heaven Hill Distilleries, Inc. v. Log Still Distilling, LLC, 575 F. Supp. 3d 785 (W.D. Ky. 2021).  The firm successfully represented Heaven Hill in an action alleging trademark infringement and unfair competition related its “J.W. Dant” trademarks.
• Ronaldo Designer Jewelry, Inc. v. RDJ Internet & Social Media, Inc., No. 3:20-CV-469-DJH-RSE (W.D. Ky.).  The firm represents Ronaldo Designer Jewelry in various actions arising from a former corporate officer’s alleged infringement of Ronaldo’s trademarks, trade dress, and copyrighted works.
• Allen v. American Commercial Barge Line, LLC, No. 4:17-CV-0222-SEB-DML, 2019 WL 4572796 (S.D. Ind. Sept. 20, 2019).  The firm obtained summary judgment in favor of ACBL on a former employee’s claims alleging breach of a severance agreement.  The trial court concluded that the plaintiff’s violation of the agreement’s non-disclosure and confidentiality provisions precluded his claims for additional severance payments.
• Sean regularly advises employers and other clients on the enforcement of restrictive covenants, including non-competition, non-solicitation, confidentiality, and trade secrets provisions.

CONSTITUTIONAL LITIGATION

• Council for Better Education, Inc. v. Glass, No. 23-CI-00020 (Franklin Cnty. Ky. Cir. Ct.).  The firm represents the Council for Better Education and public school districts in a constitutional challenge to legislation diverting state funds from public school districts to privately operated charter schools.  The firm has secured a permanent injunction preventing the legislation’s implementation.
•  Commonwealth of Kentucky ex rel. Cameron v. Johnson, 658 S.W.3d 25 (Ky. 2022).  The firm successfully represented the Council for Better Education and public school districts in a constitutional challenge to legislation authorizing near dollar-for-dollar tax credits to fund the payment of private school tuition and expenses. The Kentucky Supreme Court struck down the tax credit scheme as a violation of Section 184 of the Kentucky Constitution.
• Libertarian National Committee, Inc. v. Holiday, 907 F.3d 941 (6th Cir. 2018).  The firm obtained summary judgment in favor of public broadcaster on alleged viewpoint discrimination and other constitutional claims arising from a third-party candidate’s exclusion from a televised forum for U.S. senatorial candidates.  The Sixth Circuit affirmed the judgment.
• Conrad v. Bevin, No. 3:17-CV-00056-GFVT, 2018 WL 988071 (E.D. Ky. Feb. 16, 2018).  The firm defeated a motion for preliminary injunction, and obtained dismissal of an action against a physicians’ health organization alleging antitrust, due process, equal protection, and ADA violations, as well as invasion of privacy claims, arising from the temporary suspension of plaintiff’s medical license.
• Boyd ex rel. B.B. v. Jefferson County Public Schools, No 3:16-cv-00023-CRS-CHL, 2017 WL 4685737 (W.D. Ky. Oct. 18, 2017).  The firm obtained summary judgment in favor of a public school district and its employees on alleged Fourth Amendment, due process, and equal protection violations, as well as related state tort claims, arising from law enforcement’s arrest of a student on school property.

• Kentucky
• United States District Court for the Western District of Kentucky
• United States District Court for the Eastern District of Kentucky
• United States Court of Appeals for the Sixth Circuit
• United State District Court for the Southern District of Indiana

The focus and strategy for a case on appeal often differs from the most effective approach for presenting the case at the trial court level. While emotions may carry the day at trial, on appeal the record is closed and the law itself is front and center. Similarly, what might have been the best argument to a jury can become the weakest argument before an appellate panel. For these and many other reasons, the Firm established an Appellate Team consisting of attorneys who concentrate their practice in the appellate area.

A Westlaw search reflects the depth of the Firm’s experience in appellate advocacy. It reports that, since 1981, our Firm has appeared as counsel for parties in approximately 347 state appellate cases, arising in seven states, and 194 federal cases, arising in 25 federal district courts, 9 federal courts of appeal, and one argument before the U.S. Supreme Court; a total of 541 cases. While the substantive issues run the gamut, the skills needed for effective appellate advocacy remain the same, primarily excellent writing and analysis, combined with significant experience before the appellate courts.

The role of an appellate advocate in any given case varies according to what most effectively serves the client’s best interests. In nearly every case, it can be valuable to have an appellate lawyer provide a fresh look at the issues and discuss, for example, whether an appeal even has merit. If it makes sense for an appellate attorney to be primarily responsible for the appeal, the Firm will make sure that the transition is handled in a cost-effective manner. If primary responsibility remains with trial counsel, an appellate attorney can nevertheless offer meaningful input by, for example, analyzing strengths and weaknesses of the proposed issues, estimating the likelihood of success, ensuring procedural compliance of court filings, reviewing draft briefs, motions and petitions for content, form, organization, and tone to assess a neutral observer’s potential reaction, and serving as a sounding board for oral argument preparation.

In short, we strive to tailor the nature of appellate counsel’s role to the demands of a specific case. Members of the Appellate Team have handled appeals for many clients when the Firm has had no involvement in the lower court proceedings. In that situation, we have consistently established a good working relationship with trial counsel. Our appellate attorneys also routinely serve as a resource for attorneys within the Firm on matters that the Firm is handling in lower courts. Their involvement ranges from consultation during trial on issues likely to be appealed to accepting primary responsibility for the case on appeal.

Wyatt, Tarrant & Combs is one of the South Central U.S. region’s largest law firms and traces its roots back more than 200 years. The Firm maintains an active national practice with five offices throughout Kentucky, Tennessee and Indiana. Organized into nine service teams and industry-focused practice groups, our structure enables efficient and effective delivery of legal services.

Fostered years ago, under the leadership of our named partners Wilson Wyatt, John Tarrant and Bert Combs, our client relationships have been our singular focus, and it’s through our clients’ success that we define ours. Wyatt is truly “One Firm Dedicated to Client Service.”

Wyatt’s clients include fast growing start-ups, second and third generation family businesses and some of the country’s largest corporations. This wide variety of clients gives breadth and depth to our team of lawyers and offers our clients unique perspectives on their legal matters. We also know that the best legal advice starts with an understanding of your goals. At Wyatt, we take the time to get to know you.