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Ernst & Associates Attorneys

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Ernst & Associates Attorneys Reviews (1)

Dear Revdex.com; I acknowledge the receipt of the Complaint submitted by the *** The decision to file the case in Ohio was/is not the issueIt was the mutual & sound agreement at the early stage of my effortThe Defendant in this case maintains sufficient contacts in Ohio (dealerships
& advertising efforts) & have only increased their presence here, in the years I've been involved with the ***In fact, I've pursued this Defendant & other Out-of-State Defendant's, based upon *** *** *** *** Statute, in other casesThe issue is in the very "stilted" language of the Purchase Contract of this ** dealer to attempt to have every dispute raised or addressed in their home turf' of ***, and to include arbitration language & other "Binding" alternative dispute language, in the fine printUltimately, I do not believe this is dispositive to the the *** claim's against themConsumer case's can be difficult & this was discussedI try & pursue them on a reasonable fee basisMy agreement on fee's was hourly ($per hour)I can not guarantee resultsA total of $was payedI first attempted correspondence (legal pre-suit letter) citing *** Consumer Sales Practice Act (to Dealer & ** Mfgr.) & a thorough factual and legal analysis was undertakenWhen ignored (very predictably by these defendant's), a suit was filed (an additional retainer was then paid, as I recall)As the case began, the *** continued to have se**ice issues of a recurring nature involving systems inadequacy's (air-conditioner system mostly) suggesting design & manufacturing flaw's & possible fraudThe Defense mounted procedural/legal challenge's to the suit, based upon the contractMuch of the retainer was being utilized at his pointThe decision was made to to dismiss the case, pending repair efforts & an evaluation of the engineering of the unit, with the Idea being to refile once it was determined the unit was designed & built defectively & sold w/ knowledge of the units defective featuresUnfortunately, there has not been many public complaints about this productI believe the the *** have defects to their CamperI met *** *** several months backAfter our meeting I revised the complaint to include Fraud, for what I percieve to be design flaws & the Dealer's dishonesty in not acknowledging this, despite their repeated & failed efforts to solve the unit's shortcomingsI indicated to *** *** that I would file the revised suit & use my contacts w/ engineer's & handle the case on a continency fee basis (percentage of recovery, plus expenses) or consider the reimbursement of a reasonable portion of fee's paid, but the retainer has largely been exhausted, pursuant to the fee agreement in this matterI am still prepared to resolve the matter through either meansI personally like the ***, have known other family members who are well respected in the communityI acknowledged to the *** our mutual displeasure with the length of time taken & my underestimation of the aggressiveness that Defendant would pursue their contract defenses in the early goI am obviously interested in resolving this disputeif additional information or discussion is needed, feel free to contact me Dave Ernst

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Address: 11 South Broadway Street, Lebanon, Ohio, United States, 45036-1769

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