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Jeff Angell Our associate attorney, Jeff Angell, is leaving us to accept a position in risk management and compliance with Huntington Banks. We will miss Jeff's wit and wise-beyond-his-years counsel around the office, but we wish him well in his new position. MSA Redpoint Descenders and Auto-Belay Descenders On October 14, 2009, the Mine Safety Appliances Company (MSA) issued a stop-use notice on its Redpoint Descenders and Auto-Belay Descenders, after the company became aware of two incidents where climbers experienced "rapid rates of descent" which resulted in injuries. The affected units are all Redpoint Descenders, regardless of the date of manufacture or last service, and Auto-Belay Descenders manufactured or last serviced on or after June 30, 2000. On December 4, 2009, the company announced that it intends to discontinue the Redpoint Descender. On December 23, 2009, MSA issued a recall and reimbursement notice on the affected devices. As there are thousands of these units in use in the U.S. and overseas, the operational and financial effects of this situation on operators of climbing walls, and resellers of the devices, have been considerable. Furthermore, there is an urgent need for reliable information about the recall and reimbursement program and about alternatives to the discontinued devices. Our office stands ready to assist individuals and companies affected by the stop-use notice and recall. Through our membership on the Board of Directors of the Climbing Wall Association (CWA), we have contacted MSA to request a direct line of communication, so that we can provide the most up-to-date information available. We will post that information here as we get it, and the CWA (www.climbingwallindustry.org) will also post information on its web site. Further, we are offering our services to affected individuals and entities in a counseling role as this situation evolves. (The CWA's role is limited to providing information.) Our goals are to protect your interests in this matter, to minimize confusion, and to streamline and simplify the resolution of the situation. As you and your company formulate a response strategy, please consider us to assist you. It is important to emphasize that the stop-use notice remains in effect, and you should not use the affected devices. (Advertisement only.) Many of the players have voiced dissatisfaction with the terms of MSA's recall and rebate program. At present, we are working with the CWA to determine if more favorable terms can be negotiated. At the same time, we are being made aware of devices and discount programs that are being marketed by other vendors. If you would like to be kept abreast of these developments, send us an e-mail and we will add you to our distribution list. The information that we pass along should not be construed as an endorsement of any product or program, either by our office or by the CWA. Facing Foreclosure? If you are facing foreclosure, don't become a victim of scammers who say they can help you in exchange for a fee. You don't have to pay to get help. The Columbus Dispatch recently published a list of nonprofit organizations that offer help free of charge. According to the article, each has been approved by the U.S. Department of Housing and Urban Development (HUD). Thanks to the Dispatch for providing this timely and important information. |
