Law Review - Editorials

California Supreme Court upholds Appellate Court – Good Samaritan only provides immunity for first aid
Apr 27, 2009
In a story posted on March 13, 2007, we reported a concerning California Appellate Court decision in California court ruling appears to limit protections of California Good Samaritan Act. The California Supreme Court has followed the ruling of the lower court stating that California’s Good Samaritan Law which provides immunity for civil litigation when assisting injured people only provides that immunity during an emergency and only to the extent the help provided is first aid.
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Will those confidentiality statements at the bottom of emails hold weight in a court of law?
Mar 17, 2008
We’ve all seen it at one time or another on the emails that come across our computer. A glaring warning statement that reads: “This message and any attachments are intended only for the use of the intended recipient, are confidential, and may be privileged.” Weighty words, but will they stand up in a court of law when push comes to shove? To understand the court’s final verdict about email confidentiality statements, we first need to understand what confidential and privileged communications are and the differences between the two.
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All kinds of dangers lurk worldwide for American travelers
Jan 21, 2008
Aron Sobel had four days to see Turkey before coming home to graduate from medical school. The 25-year-old from Potomac, Md., had a guidebook listing sights to see and things to do but no advice on the dangers of traveling by bus. On May 3, 1995, a speeding Turkish bus crashed in a ravine, killing Sobel and 22 others. Since then his mother, Rochelle Sobel, has forged a network of bereaved relatives who lobby the State Department to warn American travelers about international risks of the road.
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Attacking Industry Standards
May 15, 2007
One of the most annoying issues faced by many defense attorneys are expert witnesses who highlight an alleged industry standard-that does not exist. This article will focus on some key steps to verify if alleged standards exists in the sport, recreational, and athletic fields. The article is based on serving as an expert in numerous cases and listening to or reading testimony from alleged experts who claim that a standard exists and are proud to highlight which organization produced the alleged standard. They possibly thought that if it is published, it is a standard. The problem with such an approach is that numerous alleged standards in the industry are inaccurate or not followed.
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Editorial: It does not release…is that a problem?
Sep 11, 2006
For years we have been skiing on telemark bindings that were not releasable by design. However, most of us knew that we could kick out of a telebinding if we had too. In other words, even non-releasable bindings had a non-designed release function many of us have come to rely on and assume is an inherent feature in many non-releasable bindings. Now, that is possibly changing with the introduction of new bindings that are truly not releasable. Meaning you can no longer kick out of them even if your life depends on it. Is that something the manufactures should worry about? Yes!
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Rating releases: Our Law Review editor tears apart a release he signed recently
Sep 11, 2006
I love releases. Seems a little strange, OK, really really strange, but studying various releases is more than just idle curiosity. As such I enjoy reading releases I sign throughout the year. What really thrills me is when I see a major corporation or business using a release and it is poor one, which will likely confirm in your minds my need for serious therapy! So be it. With the aforementioned in mind, let’s look at a release I signed last summer to participate in an on water demo of new boats for a large corporation that puts on trade shows for the outdoor industry.
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Counterfeiting, black market, grey market and what to do
Sep 5, 2006
Manufactured products, including those in the outdoor industry, are generally taken advantage of in two ways: black markets and grey markets. There is an important distinction between these categories. Black markets refer to illegal goods, namely counterfeited products, or those not authorized by the manufacturer. Black market goods are typically made by a factory specializing in the manufacture of knock-offs or by authorized factories that intentionally make an unauthorized overrun. The former can be easier to spot since the products are often eye-balled by the counterfeiter in an attempt to make a replica. For instance, a particularly widespread The North Face counterfeit jacket had a label with the words “waterproof and breathable,” which was not printed on the official product. The latter black market is more difficult to identify because it comes from the same production run specs, raw material sources, and crafters as the original.
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Do Health Clubs have a Duty to protect the Manufacturer’s of Health Club Equipment?
Sep 1, 2006
Most gyms and health clubs use releases to prevent litigation for injuries their guests may receive. The effectiveness of releases used by a number of gyms and health clubs has been reviewed in previous SNEWS® Law Review articles. However, in reviewing club and gym releases in the last year, many still do not include the manufacturer of the equipment the club is using in the release. Some states still allow a release to protect manufacturers from product liability claims. Consequently, it is easy for a well written release to include the necessary language to protect the manufacture from suits.
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Editorial: Accreditation, certification and promises about the law
Feb 20, 2006
The fitness industry is all abuzz about accreditation and certification – a hot topic for many years that is again sizzling. This buzz has regained enormous momentum when the non-profit club association IHRSA recommended that everyone be accredited. The promises being made as to what this will do for your club or fitness facility are quite broad and, in some cases, fall into the legal realm.
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Legal Issues in Wilderness First Aid
Dec 19, 2005
Protocols can, by their very existence, create more liability While one can understand the desire to create protocols for wilderness first aid situations as a means of creating standards that guide actions during very stressful events, doing so can quite possibly, and in fact very likely, create legal liability, not eliminate it, for the rescuer.
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Protecting Your Assets -- More than tangible items
Jan 22, 2005
Have you properly protected your assets? When you bring up this question most people think sprinkler systems, fire-proof cabinets, and insurance. Many times we forget about intellectual property. Mailing lists, sales ideas, marketing programs, and the like. You must also protect confidential information about your customers, especially their credit information.
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Thinking before acting -- its a beautiful thing
Nov 12, 2004
Welcome to the first issue of the Law Review for the outdoor and fitness industries. I'm Jim Moss and will be serving as your editor for the duration of this flight together. I can promise you that inside the pages of this issue, and every subsequent issue of the Law Review, our goal will be to deliver legal information in a way you've not likely experienced before -- it will be readable, understandable, and applicable.
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Release me from release language that just plain clueless
Aug 4, 2004
Sometimes, it pays to hire a good attorney, and not just try to invent some boilerplate release on your own. Cutting and pasting legal language from existing releases just doesn't cut it either. Each release needs to be carefully thought through and must be applicable to the situation and specific risks encountered. It helps to have a clue too. Here are some specific lines from recent releases that should sound alarm bells in law offices around the country:
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Pages: 1

Makoto Xergame
Jun 29, 2009
When the current owners of Makoto USA saw the game that would become Makoto at an arcade in 2002, they immediately realized its potential to provide both physical and mental fitness for anyone, from athletes to the elderly to folks in rehab. The SNEWS® team first saw a Makoto at the Health & Fitness Business show in Denver several years ago and, after playing it (over and over, we must admit), we had to get one for the office.

Coleman LED Quad Lantern
Jun 22, 2009
Pardon the pun, but Coleman's LED Quad Lantern presents one of the brightest ideas we've seen when it comes to lighting. It's unique because the body of the lantern has four detachable panels, each of which has six 5 mm, white LED lights. We tested the lantern during several car-camping trips and found that it was really handy when we had several people sharing a campsite.

Teva Sunkosi 2 water shoe
Jun 15, 2009
As a concept, water shoes are a fine idea. But we've suffered painful scrapes and blisters from poorly designed amphibious footwear, and frowned over many models that didn't dry as quickly as advertised. But Teva's Sunkosi 2 performed well, and proved to be exceptionally comfortable during numerous paddling trips, including an 18-day rafting journey down the Grand Canyon. Our testers said these shoes were not only easy on the feet, but they were also some of the most durable water shoes they've worn.

WS 100 endurance run observations: Product, privacy and sloshing packs
Jul 1, 2009
"I was hanging out helping brain-dead runners summit the Devil’s Thumb climb in the Western States 100 last Saturday, June 27. It’s a nasty, rocky, 1,500 foot climb over 1.8 miles that comes for most in the hottest part of the day. And it was pretty hot, dry and dusty last weekend. As I escorted runner after runner from the top to the medical aid weigh-in, got their bottles and packs refilled, and made sure they were in OK shape for the remaining 52.2 miles, I found myself taking a look at the apparel, gear, food and product they all had. OK, SNEWS® is sick. We are always looking at brands."
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Sleeping bag manufacturers provide technical and durable features at a reasonable price point.
Jun 27, 2009
In the SNEWS Outdoor 2009 Magazine, our coverage of the hardgoods market included a trends and product report on tents and packs debuting for the spring 2010 season. Below, is the latest on the sleeping bags segment that was not included in the magazine. As with tents and backpacks, weight remains a key selling point for sleeping bags. Keep your eyes peeled for new collections, as well as updates to lines that have sold well for the past few years.
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Young Guns: Peek into the minds of designers whose innovative ideas are changing the industry
Jun 27, 2009
What will outdoor gear look like in the future? Peek into the minds of these designers whose innovative ideas are changing the industry. Originally published in the SNEWS Outdoor Summer '09 magazine, this special web feature includes two additional profiles of designers Tae Kim and Alan Yiu, as well as expanded coverage from each designer -- Hanna Boone, Josh Guyot, Ian Iverson, and Chris Miksovsky -- voicing his or her perspective on the outdoor industry's future. Also, look into the world of Project OR and its influence on student designers in a special added feature.
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Mo Room™ Tent 2P & 3P
Dec 16, 2008
The Mo Room tent (2P and 3P) is the epitome of livability.

Santini Carbon Bike Bib
May 8, 2009
Knitwear pioneer ESCHLER introduces an innovative fabric development for bikewear

Camaro Bamboo Shirts
Jun 27, 2009
Camaro bamboo shirts by Komperdell are breathable, odor-neutralizing, and funcitonal.

Purchasing and Inventory Manager - Osprey Packs
Listed - 07/03/2009

Velo Vie Bicycles - Velo Vie Bicycles
Listed - 07/02/2009

Accounting - Niner Bikes
Listed - 07/02/2009

Category Business Manager, Top-of-Car - Yakima Products, Inc.
Listed - 07/02/2009

Kodiak Boots / Terra Footwear / Unity - Kodiak-Terra USA, Inc.
Listed - 07/01/2009

Mechanical Draftsperson - Crank Brothers
Listed - 06/25/2009

Retail Store Manager- Lincoln City, OR - Columbia Sportswear Company
Listed - 06/23/2009

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Did you hear?...Health magazine announces fitness/gear award winners
Jul 2, 2009
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Power Players' Lounge: Opportunity knocks -- do you hear it?
Jul 1, 2009
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Business Solutions Forum: It seems my biz life is one emergency after another…how do I break the cycle?
Jun 29, 2009
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Boulder Outdoor Specialty Group grows design team, brings R&D in-house
Jul 1, 2009
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Highgear Receives Health 2009 America's Healthiest Fitness Award
Jul 1, 2009
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Hydration at Elevation: nuun and Mountain Madness Team Up
Jul 1, 2009
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Think About It: OIWC asks, what is the best way to get what you want?
Jun 17, 2009
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You are more important than “just a….”
Jun 17, 2009
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SNEWS Mini-Survey gives glimpse at how stores view customer buying motivation
Jun 15, 2009
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Makoto Xergame
June 29, 2009
When the current owners of Makoto USA saw the game that would become Makoto at an arcade in 2002, they immediately realized its potential to provide both physical and mental fitness for anyone, from athletes to the elderly to folks in rehab. The SNEWS® team first saw a Makoto at the Health & Fitness Business show in Denver several years ago and, after playing it (over and over, we must admit), we had to get one for the office.
See all Product Reviews

SNEWS Readers' Choice: Our readers pick their top 25 products of the last quarter-century
Jun 22, 2009
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Grassroots Outdoor Alliance's Early Show offers early preview of trends and potential top sellers
Jun 19, 2009
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Outdoor Retailer Winter Market ’09: You want new and cool?
Mar 23, 2009
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Outdoor Retailer Winter Market '09: Layer up
Mar 4, 2009
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Outdoor Retailer Winter Market '09: Outerwear makers shell out jackets and pants -- and kids get in on the action too
Feb 27, 2009
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Outdoor industry rugby players unite for match against Utah locals during Outdoor Retailer
May 27, 2009
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SCAM Alert: Did you book your hotel rooms at OR or HFB with Travel House Services?
Jun 26, 2009
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EU iodine ban worries -- SNEWS provides the facts
Jun 26, 2009
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Business Solutions Forum: It seems my biz life is one emergency after another…how do I break the cycle?
Jun 29, 2009
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Did you hear?...Health magazine announces fitness/gear award winners
Jul 2, 2009
Read story

WS 100 endurance run observations: Product, privacy and sloshing packs
"I was hanging out helping brain-dead runners summit the Devil’s Thumb climb in the Western States 100 last Saturday, June 27. It’s a nasty, rocky, 1,500 foot climb over 1.8 miles that comes for most in the hottest part of the day. And it was pretty hot, dry and dusty last weekend. As I escorted runner after runner from the top to the medical aid weigh-in, got their bottles and packs refilled, and"

Read Comments

"denver show " by fabio ravasi (07/03/2009 16:22 MDT)
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"HFB " by John Price (07/02/2009 10:03 MDT)
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"Denver show. " by Dan Sharshel (07/02/2009 09:14 MDT)
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