Suit against Wyoming Whiskey dismissed

According to paperwork filed Dec. 31 and signed Jan. 2 by United States District Judge Alan B. Johnson, a lawsuit initially filed against Wyoming Whiskey, Brad Mead, Katherine Mead and David DeFazio was dismissed. The lawsuit, filed on Nov. 16, 2017 by Frank Sacca in the Circuit Court of Cook County, Ill., alleged they breached a National Sales Director Employment Agreement.

Though the distillery is here in Hot Springs County, there were multiple sales staff in Illinois and efforts were made to market the product in that state. Sacca claimed the defendants knowingly and intentionally directed calls into Illinois concerning Sacca, his employment, his compensation and his being terminated, and making decisions regarding his compensation that would affect his job in Illinois.

Further, the suit alleged there was an ulterior motive in firing Sacca a day before a written offer to buy the company was received, in order to keep him from receiving benefits such as a six percent share of the company stock, while preserving their equity position in the company. Another allegation was that the company benefitted from Sacca’s industry contacts, knowledge and expertise. Sacca joined the company in April 2015 under a three-year contract, according to the suit.

Also alleged in the lawsuit was the company’s deliberately pre- venting Sacca from completing valuation of his ownership by knowingly providing incomplete and false information and refusing to acknowledge and confirm Sacca’s ownership interest.

The Circuit Court of Cook County, Ill. was initially determined to have jurisdiction, but the case was transferred to Wyoming U.S. District Court on Feb. 7, 2018. The defendants filed a motion for partial summary judgment on Nov. 9, 2018, noting that a letter between the company and another entity did not constitute a “purchase offer” as was understood in the National Sales Director Employment Agreement.

According to the order granting stipulation for dismissal with prejudice signed by Judge Johnson, each side of the case will bear their own attorneys’ fees and costs.

David Defazio, Wyoming Whiskey founder and COO, confirmed the lawsuit has been dismissed by stipulation, but declined to comment further on the matter.