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E-cigarettes get a "smoking" break: D.C. Circuit clarifies scope of FDA's authority over e-cigarettes
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 4 2011

On Tuesday December 7th, the D.C. Circuit Court of Appeals affirmed a lower court’s ruling in Sottera, Inc. v. FDA, No. 10-5032, (D.C. Cir. Dec. 7, 2010) holding that that the Food and Drug Administration (FDA) could not regulate as a medical device the electronic cigarettes (often referred to as “e-cigarettes”) at issue in that case.

Ohio Court of Appeals upholds workplace smoking ban
  • Bricker & Eckler LLP
  • USA
  • November 24 2010

On November 16, 2010, the 10th District Court of Appeals upheld Ohio's workplace smoking ban by reversing an earlier decision by the Franklin County Court of Common Pleas that threw out smoking law violations against Zeno's Victorian Village, a bar in Columbus.

California courts allow outdoor secondhand smoke case to proceed toward trial
  • Foley & Lardner LLP
  • USA
  • March 25 2009

In Birke v. Oakwood Worldwide, a Los Angles appellate court became the first court in the nation to recognize a claim that secondhand smoke in outdoor common areas is both a public and private nuisance.

Secondhand smoke in common areas may constitute a public nuisance
  • Bryan Cave Leighton Paisner (Bryan Cave)
  • USA
  • January 16 2009

In a recent California appellate court case, Birke v. Oakwood Worldwide, 09 C.D.O.S. 409 (2009), the court validated a public nuisance cause of action arising out of an apartment owner’s failure to limit secondhand smoke in outdoor common areas.