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Wednesday, January 14, 2009


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Important Legal Victory Monday, 1/12/09

Earlier today(Monday, 1/12/09), there was an important victory won in a legal case (Birke v Oakwood) regarding secondhand smoke in multi-unit housing, in which the American lung Association of California filed an amicus ("friend of the court") brief in support of a young girl's claim that cigarette smoke in common areas of her apartment complex was a public nuisance.

According to the attorneys representing the American Lung Association of California and the young girl, California's Second District Court of Appeal has become the first court in the United States to rule an apartment tenant can sue her landlord for failing to restrict cigarette smoking in outdoor common areas like the swimming pool, playground or dining areas. In 2006, when she was 5 years old, Melinda Birke sued the owners of the Oakwood Garden Apartments in Woodland Hills, where she lives, for creating a public nuisance in violation of California law by allowing smoking in those areas. The panel's groundbreaking decision unanimously reversed a trial court ruling that dismissed Melinda's claim. The full text of the decision can be found at the following link: http://www.courtinfo.ca.gov/opinions/documents/B203093.PDF
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