The U.S. Supreme Court unanimously overturned a lower court ruling today, finding the Food and Drug Administration (FDA) acted lawfully in blocking two vaping companies from marketing fruity and dessert-flavored liquids for their electronic nicotine products. The decision rejected an earlier ruling from the U.S. Court of Appeals, The Hill reports. In an opinion written by Justice Samuel Alito, the court upheld the FDA’s approach, stating that the agency had made its decisions based on whether the products appealed to young people. The FDA has authorized the sale of only 34 electronic cigarette products, with all but one being tobacco-flavored, a flavor less popular among youth. In 2020, two companies petitioned the FDA to sell flavors such as sour grape and pink lemonade but the agency rejected those applications. The companies sued and the 5th U.S. Circuit Court of Appeals found in their favor. The FDA then appealed to the Supreme Court.

Baker Donelson has appointed new leaders within its Health Law and Public Policy Department. Nashville lawyer Michaela D. Poizner has been named chair of the department while Memphis lawyer Craig C. Conley has been named chair of the Health Care Litigation Group. Poizner will oversee more than 200 attorneys and public policy advisors across 11 states and Washington, D.C. She previously served as chair of the Health Law Group and founded the firm's Behavioral Health Initiative. Conley will lead a multidisciplinary team in the Health Care Litigation Group, representing health care clients nationwide. A graduate of the University of Memphis School of Law, Conley has held several bar leadership roles, including serving on the TBA Young Lawyers Division Board.

The Tennessee Bar Association’s online renewal for 2025-2026 is now open! Renew your membership to continue your access to TBA Today, the Tennessee Bar Journal, three free hours of CLE, resources for starting and building a new firm, and free legal research through vLex Fastcase, as well as savings on a range of products and services. Be sure to check out TBA's Preventing Legal Malpractice providers and Law Firm in a Box, and watch for more information this fall about TBA’s Group Health Insurance enrollment. Attorneys not participating in the TBA's firm billing program can log in and renew through their MyTBA dashboard. The TBA membership team will be working with firm administrators for those participating in firm billing so check with your firm administrator if you have questions about that process.

Tennessee Attorney General (AG) Jonathan Skrmetti is alerting customers of genetic testing company 23andMe of their rights to download their personal data from their account, delete their account and instruct the company to destroy their biological sample and not use it for research purposes following the company’s bankruptcy filing. All of these options are protected under Tennessee’s Genetic Information Privacy Act (GIPA), which went into effect in July 2023, Skrmetti said in a press release. "Our genetic information is some of our most personal data, giving insight about not just us but our families,” he said.

A 36-year-old Shelby County Jail inmate, Courtney Berry, was discovered "unresponsive in a restroom" Sunday morning, according to a statement from the Shelby County Sheriff's Office to the Commercial Appeal. "Lifesaving measures were taken by staff members and Memphis Fire Department paramedics," the sheriff's office said in a statement. "A pre-existing medical condition may have played a part in the event." The investigation into Berry's death is ongoing. He was arrested without bond while a petition by state prosecutors to revoke his suspended sentence was pending. He previously had been convicted of criminal attempt to possess a firearm while being a convicted felon. Berry's death is at least the fifth so far this year. In early February, four inmates died within a week.

One week after Tennessee's Republican U.S. Sens. Marsha Blackburn and Bill Hagerty wrote an op-ed calling for the Tennessee Valley Authority's (TVA) board to be replaced, President Donald Trump fired Michelle Moore from the TVA Board of Directors. Moore was dismissed on March 27, according to a March 28 filing with the U.S. Securities and Exchange Commission. All five members of the board, down from six after Moore's termination, were nominated by President Joe Biden and confirmed to five-year terms by the U.S. Senate. Three members, who were nominated by President Trump during his first term, rolled off after their terms expired. The board needs five of its nine members to conduct business. In other news, TVA announced on Monday that Chief Operating Officer Don Moul would succeed Jeff Lyash as CEO on April 9 following Lyash's retirement. Knox News has the story

The Tennessee Supreme Court will hear two cases — Alan C. Cartwright v. Thomason Hendrix PC, et al. and Alice Cartwright Garner et al. v. Thomason, Hendrix, Harvey, Johnson & Mitchell PLLC, et al. — during its April 9 docket in Jackson. The two cases are related actions involving similar legal issues. The cases will be heard at the Tennessee Supreme Court, 6 US-45 Bypass, Jackson 38301, beginning at 9 a.m. CDT and livestreamed to the TNCourts YouTube page. Read more about the cases in a press release from the Administrative Office of the Courts.

The annual Robert Ballow Excellence in Writing Awards were presented to Nashville School of Law (NSL) 4L students on March 19. Six students were recognized for their performance in the Rigorous Writing Exercise (RWE) program. The RWE is a project all NSL students embark on as a requirement of graduation. Working with a volunteer mentor from the legal community, students research and write a 15-20 page paper on the topic of their choice. See the list of winners and read their work. Former TBA President and current Tennessee Bar Foundation Treasurer Jackie Dixon was named the 2024 Mentor of the Year. The honor is conferred in recognition of a mentor’s exceptional service to the program; Dixon is in her sixth year as a mentor.

The Metro Nashville School Board last week voted unanimously to rename Brick Church Middle School for the late Judge Richard H. Dinkins in time for the 2025-2026 school year. According to the board, Dinkins had a profound impact on Metro Nashville Public Schools (MNPS) as the lead attorney in a long-running school desegregation case that led to nearly three decades of court supervision of the district before he helped settle it in 1998. He later became the first Black judge on the Tennessee Court of Appeals in 2008 and served with distinction until his retirement in 2022. Dinkins died in 2023.

HB811/SB227, sponsored by Rep. Rusty Grills, R-Newbern, and Sen. Brent Taylor, R-Memphis, proposes that charitable organizations across the state, such as churches and homeless shelters, might be held accountable if an undocumented immigrant they knowingly house commits a crime. A spokesperson for the Nashville Rescue Mission told Fox17 that the bill would punish organizations and strain resources. In response, Grills said, "The intention of this bill is not to incriminate those who provide temporary housing for a homeless shelter. It's to deter criminal activity." The sponsors say they plan to add amendments to the bill for more clarity, including possibly expanding what liability entails. The Senate Judiciary Committee passed the bill last week. The House Civil Justice Subcommittee is set to consider the bill tomorrow.