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10-11-2017, 10:16 AM
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#1
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Senior Member
Join Date: Feb 2012
Location: Peoria IL
Posts: 2,085
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Thor Controlling a dealership
I guess Thor is trying to control a dealership. I've been following this litigation between Jayco (Thor) and NIRV trying to make heads or tails out of it. On one hand Jayco being a manufacturer has to control the well being of their product and other dealers. However, with the suit being dismissed for lack of merit, I have to wonder about an alternative motive.
Being a business owner myself, I realize that sometime the lawyers will control or hamper the growth of a company buy filing frivolous lawsuits. This keeps the apposing company scrambling for cash and resources. I found the following document this morning while enjoying my morning coffee. It looks like NIRV is now going after Jayco for the unnecessary legal fees that they incurred due to the Jayco games.
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2023 Ram 3500 H.O.
2020 DRV
2015 Entegra Aspire RBQ SOLD
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10-11-2017, 10:24 AM
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#2
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Senior Member
Country Coach Owners Club Solo Rvers Club iRV2 No Limits Club
Join Date: May 2011
Location: Vancouver, WA
Posts: 37,725
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What I read about the dismissal was that it was filed in the wrong court and they didn't have jurisdiction so it needs to be refiled in a different jurisdiction.
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2009 45' Magna 630 w/Cummins ISX 650 HP/1950 Lbs Ft, HWH Active Air
Charter Good Sam Lifetime Member, FMCA,
RV'ing since 1957, NRA Benefactor Life, towing '21 Jeep JLU Rubicon Ecodiesel
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10-11-2017, 10:33 AM
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#3
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Senior Member
Join Date: Apr 2010
Location: Western NY
Posts: 3,809
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Having been the victim of a frivolous suit myself, (I had a guy sue me because I wouldn't prepare a fraudulent tax return for him. Sad but true.) I can understand the desire to get reimbursed for attorneys' fees. I wish I would have had that option.
However, I just see this as a continuing escalation where only the attorneys come out ahead and the parties involved both end up worse for the whole ordeal. I think we can all agree that this hurts everyone involved including Jayco and NIRVC.
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2018.5 Entegra Aspire 44R-Sold, 2019 Chevy Blazer-Sold. 2022 Genesis GV-80.
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10-11-2017, 10:51 AM
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#4
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Senior Member
Join Date: Feb 2012
Location: Peoria IL
Posts: 2,085
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Quote:
Originally Posted by wnytaxman
Having been the victim of a frivolous suit myself, (I had a guy sue me because I wouldn't prepare a fraudulent tax return for him. Sad but true.) I can understand the desire to get reimbursed for attorneys' fees. I wish I would have had that option.
However, I just see this as a continuing escalation where only the attorneys come out ahead and the parties involved both end up worse for the whole ordeal. I think we can all agree that this hurts everyone involved including Jayco and NIRVC.
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I agree. I hope these folks all get this worked out because NIRV is a great dealership that sells and services a great number of Entegra motor homes. I'd hate to see that resource go away. They should be held as a standard for the other dealerships to follow. If I was a Jayco dealership right now I'd be worrying about this a great deal. Who's next?
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2023 Ram 3500 H.O.
2020 DRV
2015 Entegra Aspire RBQ SOLD
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10-11-2017, 03:40 PM
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#5
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Senior Member
Join Date: Oct 2014
Location: Yakima, WA
Posts: 1,015
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Quote:
Originally Posted by Mr_D
What I read about the dismissal was that it was filed in the wrong court and they didn't have jurisdiction so it needs to be refiled in a different jurisdiction.
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Exactly, a dismissal on the merits would preclude refiling.
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Dan and Pam-Natalie-GSD's Sofi & Lindee
2021 Cornerstone 45 B
2018 Cornerstone 45 W (sold)
2020 Chevy Tahoe, etrailer XHD 10500 tow bar, Demco SMI AirForce 1.
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10-11-2017, 05:07 PM
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#6
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Senior Member
Join Date: Feb 2012
Location: Peoria IL
Posts: 2,085
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I don't know....
On page 2 it clearly says that Angie agreed to show a CUSTOMER'S coach to the Private Investigator and that she stated that they could not sell a NEW coach in the Texas market.
In the document somewhere the state of Indiana is mentioned. It sounds like to me that several of the dealership were upset because of in Internet sales. Perhaps a Indiana dealer along with the Texas dealer has got their panties in a knot over lost sales. Rather than providing better service and sales to the customers and earning their business, maybe they ran to the manufacture and asked that their competitor is dealt out of the game. In the end the competition is eliminated, the "good old boy" system is restored and everybody can get back to selling at a higher margin while providing less than stellar service.
Either way.....this reads like there's been a whole lot of manipulations here against the small guy and Jayco trying to control who makes the sale.
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2023 Ram 3500 H.O.
2020 DRV
2015 Entegra Aspire RBQ SOLD
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10-11-2017, 06:17 PM
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#7
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Senior Member
Join Date: May 2016
Location: Indiana
Posts: 783
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Entegra has no Indiana dealership (at least last year).
We live in central Indiana, and factory suggested dealers in Michigan, Missouri, or Tennessee as closest dealers to us. We checked those dealers, and Atlanta became an easy choice.
Steve
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Steve & Tracy with rescues Lucy the Beagle & Willow the Boxador
2017 Entegra Aspire DEQ
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10-11-2017, 08:21 PM
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#8
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Senior Member
Join Date: Jun 2014
Location: Pollock Pines, CA
Posts: 1,104
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Quote:
Originally Posted by dave&ginny
I don't know....
Either way.....this reads like there's been a whole lot of manipulations here against the small guy and Jayco trying to control who makes the sale.
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Agreed.
It also sounds like Jayco's lawyers made multiple legal mistakes, that their PI was dishonest, and that the court dismissed in favor of NIRVC because of the frivolous nature of the suit in addition to the above mistakes.
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John Arenz N6YBH
2017 Cornerstone 45B, 2012 JK Rubicon in tow
2014 Anthem 44B (sold)
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10-11-2017, 10:30 PM
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#9
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Senior Member
Entegra Owners Club
Join Date: Sep 2012
Posts: 6,688
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A court refusing to take a case because of lack of jurisdiction simply means they saw no role for the Indiana court in the preceding. That doesn't mean it declared it a frivolous lawsuit, just means Indiana won't take the case Jayco probably hoped they would as they might carry more weight in Indiana (probably a mistake, since the suit alleges actions that took place in Texas; not even in the same federal district).
NIRVC then sues for lawyer's fees. Not surprising. Maybe they'll get them. OTOH, the action does not prevent Jayco from refiling in Texas (or in federal court if they think cross state sales via the interstate is the real issue).
No matter, it is still a mess, but I would suggest not coming to some of the conclusions listed here or the other thread on same subject. The only question for Jayco may be, do they continue to pursue (or did they make their point, in their mind)? And of course, if they don't will NIRVC continue to pursue? JMHO
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Dave and Beth
2015 Cornerstone 45J
2020 Ford F-150 Lariat
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10-12-2017, 04:18 AM
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#10
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Senior Member
Join Date: May 2013
Location: Chester, VA/Zephyrhills, FL
Posts: 1,329
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I feel sorry for all the fine people who have purchased Entegra's and maintained their high regard for the company. This must feel like a real disappointment to see the "dirty laundry" being aired in public.
I know if this was Newmar doing this to one of their top dealers, I would be very disappointed in the exec team.
However, that does not take anything away from the great coaches you purchased and are enjoying. Maybe this will quietly end now for Jayco and NIRVC.
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Tom and Gloria 2022 Newmar Dutch Star 4081, TOAD: 2017 Buick Enclave/2023 GMC Sierra Denali, Blue Ox Towbar, Baseplate and M&G Braking System
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