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Old 10-11-2017, 10:16 AM   #1
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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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File Type: pdf ECF No. 43 - NIRVC Motion for Attorneys Fees 2.pdf (72.6 KB, 177 views)
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Old 10-11-2017, 10:24 AM   #2
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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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Old 10-11-2017, 10:33 AM   #3
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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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Old 10-11-2017, 10:51 AM   #4
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Originally Posted by wnytaxman View Post
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.

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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Old 10-11-2017, 03:40 PM   #5
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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.
Exactly, a dismissal on the merits would preclude refiling.
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Old 10-11-2017, 05:07 PM   #6
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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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Old 10-11-2017, 06:17 PM   #7
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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.

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Old 10-11-2017, 08:21 PM   #8
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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.
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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Old 10-11-2017, 10:30 PM   #9
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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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Old 10-12-2017, 04:18 AM   #10
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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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