More legal woes for Nearest Green Distillery
10:05 a.m. Aug. 1, 2025
DUANE CROSS
MCO Publisher•Editor
The Farm Credit Mid-America lawsuit filed Monday in U.S. District Court for the Eastern District of Tennessee is not the only legal issue confronting 2025’s Tennessee Whiskey Distillery of the Year.
Two additional lawsuits – one in New York and another in Oregon – were returned while the Observer was searching legal databases for background on the Farm Credit suit.
A federal judge has ruled that sex discrimination, harassment, and retaliation claims brought by former employee Garcelle N. Menos against spirits giant Uncle Nearest, Inc., and its co-founder and CEO, Fawn Weaver, will proceed to a jury trial. The decision, detailed in a 37-page Memorandum & Order issued on March 25, 2025, by United States District Judge Pamela K. Chen of the Eastern District of New York, means that a substantial portion of Menos’s lawsuit will move forward.
The case, 22-CV-1449 (PKC) (PK), centers on allegations by Ms. Menos of sex discrimination and retaliation under both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). Additionally, Menos had sought to recover unpaid commissions and bonuses, citing violations of New York Labor Law (NYLL) §§ 191 and 191-b.
Judge Chen’s ruling notably denied the defendants’ motion for summary judgment on Menos’s core claims of sex discrimination and harassment against Uncle Nearest, Inc. Furthermore, the court also denied summary judgment on the retaliation claims brought against both Uncle Nearest, Inc. and Fawn Weaver individually. This means that a jury will hear evidence and decide on the merits of these serious allegations.
While the specific details of the alleged discriminatory and retaliatory actions are not fully elaborated in the summary judgment order, the court’s decision to deny dismissal indicates that Menos has presented sufficient evidence to establish a genuine dispute of material fact regarding these claims. This suggests that Menos has provided compelling arguments or evidence that, if believed by a jury, could support her claims of being subjected to an unlawful work environment and adverse employment actions due to her gender or in response to her protected activities.
However, one aspect of Menos’s lawsuit was dismissed. The court granted the defendants’ motion for summary judgment regarding Menos’s claim under NYLL §§ 191(1)(c) and 191-b concerning unpaid bonus payments for the third quarter of 2021.
The court’s reasoning for this dismissal was based on a lack of evidentiary support for Menos’s argument that she should have been reminded to submit the necessary paperwork to receive these bonuses. Although Menos testified that the maximum monthly bonus was $1,000, the “Full Time-Brand Steward Incentive Plan” she signed on Oct. 2, 2020, indicated a maximum of $900 per month. Crucially, the court found no evidence to support her contention that a reminder for paperwork submission was a company obligation or practice, leading to the dismissal of this specific claim.
• Download the Menos Complaint
Advertising Dispute Leads to Federal Lawsuit
Billups, Inc., an Oregon-based advertising company specializing in out-of-home (OOH) media, has filed a lawsuit against Uncle Nearest, Inc. The complaint, filed on May 15, 2025, in the U.S. District Court, District of Oregon, Portland Division (Case No. 3:25-cv-00823), alleges breach of contract and unjust enrichment.
According to the legal filing, Billups, Inc. claims that Uncle Nearest, Inc. failed to make payments for OOH advertising services rendered under three separate media contracts. These contracts, dated April 12, 2023 (No. 2826), April 26, 2024 (No. 5223), and April 29, 2024 (No. 5234), involved advertising campaigns in Nashville and later expanded to include markets in Tennessee and Alabama.
Billups, Inc. asserts that it fully performed its obligations under these agreements. However, the complaint states that Uncle Nearest, Inc. still owes a significant amount for the advertising services provided. The outstanding balances are detailed:
- $106,676.00 for Contract No. 2826
- $4,262.00 for Contract No. 5223
- $158,958.70 for Contract No. 5234
The total amount currently due to Billups, Inc. is $269,896.70, out of a total contract value of no less than $593,142.68 across all agreements.
Billups, Inc. is seeking damages for the alleged breach of contract and, alternatively, for unjust enrichment, along with pre- and post-judgment interest, attorney’s fees, and other costs.
Uncle Nearest, Inc. is registered in Delaware, with its primary business operations in Tennessee, and is not registered to conduct business in Oregon. However, the lawsuit asserts that the U.S. District Court in Oregon has personal jurisdiction over Uncle Nearest, Inc. due to clauses in the contracts that stipulate any collection actions would be litigated in Oregon courts.
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Filings argue emergency motion recycles months-old complaints in the ongoing fight over control of Uncle Nearest.
Weaver, lawyers: Sanctions request misses mark
Latest filings ask a federal judge to reject sanctions, arguing the real fight is over bankruptcy authority and free speech.
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Receiver says Uncle Nearest is insolvent
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Receiver targets public comments in Uncle Nearest case
Phillip G. Young Jr. says Fawn Weaver used social media and public remarks to fight the case in public.
