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A Wilson County, Tennessee, woman is facing a lawsuit after she posted a negative review on Yelp about a middle Tennessee doctor in November. Kelly Beavers is accused of defamation and libel, and false light for a post she made about Dr. Kaveer Nandigam of Nandigam Neurology in Murfreesboro. Her Yelp review, which remained on the website three weeks after she originally posted it, said, "This "Dr's" behavior today was totally unprofessional and unethical to put it mildly. I will be reporting him to the State of TN Medical Review Board and be filing a formal complaint. How this guy is in business is beyond me. Since when did they start allowing Doctors, to throw a complete temper tantrum in front of Patients and slam things when they get upset? He does not belong in the medical field at all." On November 27, the attorney for Nandigam Neurology filed a ,000 lawsuit against Beavers and her friend's son who posted a negative review on Google as well and has since been accused of conspiracy. Beavers said he wrote the review after he overheard her conversation. The lawsuit said the review "contained false, disparaging, and misleading statements." The lawsuit also suggested that the second defendant "was specifically recruited" by Beavers to post false and misleading statements. The plaintiff is also demanding Beavers to remove the post and for the court to issue an injunction to prohibit any further statements against Nandigam Neurology. As of this week, Nandigram Neurology only has Beavers' review and another post that gave the business five stars. Meanwhile, the company has 4.3 out 5 stars from the 21 reviews on Google. "Just in shock, I can't believe it," Beavers said. "They just don't want any negative reviews and they don't want people to talk about or give a bad review." Beavers said she has no regrets leaving the review on Yelp despite the legal action against her. She claimed she posted the review after what she called a disrespectful and shocking experience. After being referred to Nandigam Neurology, Beavers brought her 67-year-old father for dizziness and memory loss, which may have been early signs of dementia. There have been prior interactions with the staff but never with the doctor until the last visit. Beavers says the interaction seemed fine at first, but that said the doctor then threw a temper tantrum and slammed his clipboard when he realized she was recording the appointment on her cell phone, which is something she has done with other doctor visits. "Sometimes we all have things we forget, so that's why I record every doctor's visit. I want to make sure that I'm doing everything right," she explained. "He literally snapped and demanded my phone." Since Tennessee is a one-party consent state, she could record on her phone without the need for permission. Nevertheless, she claims she deleted the recording after he demanded her to. Later that day, an office employee called her to get her version of the story and deemed it was likely a miscommunication. The employee said phones were not allowed in the office, and the situation could have been mitigated if there was a prior notice to record. Beavers believed she should have been taken aside to address any concerns. Ken Paulson of the Free Speech Center, a nonpartisan educational institution that teaches how the First Amendment works in society, said there always needs to be a conscious effort to differentiate between stating an opinion or fact on platforms like Yelp. Words like unethical, dishonest or lying have the potential to damage a reputation or business if believed widely. "Don't state things you cannot back up. It's okay to say you didn't like this pizza or the anchovies were terrible because that's opinion, but you can't say they can't make this pizza without washing their hands. It's a difference in expressing an opinion and damaging a business or person," Paulson said. In reality, lawsuits like what Beavers is facing could be disputed in court and avoid the judicial process under the newly enacted Tennessee Public Participation Act otherwise known as an Anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation. The act hopes to prevent filing lawsuits as a form of intimidation and protect First Amendment rights, and has slowed down what was a common type of lawsuit in the past. "It allows you when you're sued to go to a judge and say, 'This is nonsense, they're just angry, I didn't cause any damage, will you dismiss this?'" Paulson explained. "They have to prove in the long run that you damaged them and spoke untruths." A judge is there to weed out cases that have no merit but if it is not dismissed, will still have to go through the judicial process. Speech Defense and Anti-SLAPP Lawyer Daniel Horwitz expressed his approval for the legislation when it was passed. He said an overwhelming majority of defamation and other speech-based lawsuits are not filed because a person has suffered an actual legal injury. Horwitz claims the purpose is to punish people for lawfully exercising their right to speak freely about a topic that the suing plaintiff wants to censor. “Tennessee’s new anti-SLAPP statute was specifically designed to punish abusive litigants who file baseless claims against people for exercising their First Amendment rights. The Yelp review is not even conceivably tortious, and the defendants should not give in to a bogus lawsuit like this one. Instead, they should fight back, get the plaintiff sanctioned, and make the plaintiff pay their attorney’s fees under the newly enacted Tennessee Public Participation Act," Horwitz said in a statement to NewsChannel 5.Beavers said she plans to a hire a lawyer and fight the lawsuit. Meanwhile, a request for comment for Nandigam Neurology has been left. 5817
BIDDEFORD, Maine – A 9-year-old boy in Maine proved he’s not one to back down from a dare – even from his own parents. Fourth grader Jake Arsenault was wondering what he should wear for school picture day when his mother and father dared him to don a hot dog costume. With permission from Biddeford Intermediate School, Jake actually did it and now he has a hilarious, one-of-a-kind student ID.Jake’s dad, Craig, posted a 436
In an instant, the windshield to Rob Weber's small airplane shattered while a thousand feet in the air. “I was pretty much on the edge of blacking out,” he describes. A camera in the cockpit captured it all. When you slow down the video, you can see a bird fly right through the windshield, forcing Weber to declare an emergency as he approached the airport in Fort Myers, Florida. “After I’d taken the hit to the head, I was really dazed,” Weber recalls. “I was having a hard time communicating with them, because I was knocked silly. I really couldn't focus on where I was or what was going on.” The latest data shows there are a record number of bird strikes involving planes, with more than 40 a day on average. A big reason for the spike: more flights and a jump in the bird population. “It's a classic probability situation. More planes and more large birds in the air at the same time,” explains Michael Begier with the National Bird Strike Committee. Begier works with the organization to track incidents and find ways to reduce them. Statistically speaking, the highest chances of being involved in bird strike are from July through October, during the day and while approaching the airport. The accident involving US Airways Flight 1549, known as the Miracle on the Hudson, is perhaps the most memorable and extreme example of how damaging bird strikes can be. However, the majority of bird strikes do not cause any major damage to planes. “The percentage of damaging strikes has actually been going down in the airport environment and that's where it's most vulnerable,” Begier says.For years, workers have used loud noises and fireworks at airports to scare off birds, but they have started testing new ideas, including using drones that look like large predatory birds and redesigning the lights on airplanes to deter birds. 1851
Megan and Fadil Lee's love story started when the two were freshmen in college, and it may have ended there had Fadil not sent Megan a Facebook message 25 years later. “I was like, OK, is he single or married?” Megan recalls. After dating for a year and a half, the two married, and Fadil wanted to be a first-time father. Megan was on board, despite being 45 years old and already having two adult kids. “Let's face it; we're all living longer, you know,” Megan says. “And I don't think that age should be an inhibitor for you if you're in good health and you're in good shape. I think that those options should be available to you.”Dr. Paul Magarelli, who specializes in fertility for older women, agrees. “Now that we're living to 80, 90 and 100, the idea of a baby at 50 really is not that crazy,” he says. Dr. Magarelli is helping the couple conceive through IVF. “The uterus doesn't age; it’s a muscle. So, they've done successful IVF and women with donor egg up to age 74 and still got healthy babies,” Dr. Magarelli says. Megan is planning to use her own eggs, but the reality is most older women use frozen or donor eggs. “Once you reach the age of 44 and above the number of eggs that are available to make a baby are preciously few, so most families at some point will use donor eggs,” Dr. Magarelli says. There are significant risks for both mother and baby, including gestational diabetes, pregnancy-induced hypertension, as well as pregnancy loss. Babies also have a higher risk of chromosome abnormalities, such as Down syndrome. Megan and Fadil say they are aware of the risks and are being proactive. “We are going to do genetic testing on the embryos because of our age,” Megan says. “So, we want to make sure that all the chromosomes are supposed to be there are there in full and complete.” These come along with a hefty price tag. Standard IVF treatments can cost anywhere from ,000 to ,000. Paying out of pocket for the procedure, the couple hopes everything goes right on their first try.“We both have a very strong faith, and so if stuff doesn't work out, then we're going to look at that as a sign from God that we're just not supposed to be parents at this stage in our life,” she says. 2232
LONDON, England – Prince Harry and his wife Meghan are taking the first steps into their new independent life thousands of miles apart. Meghan has returned to Canada, where the couple spent a six-week Christmas break out of the public eye. Meanwhile, Harry stayed in England as the royal family sought to contain the crisis sparked by the couple's decision effectively to quit as senior royals. A friend of the couple pushed back against accusations they blindsided Queen Elizabeth II with the announcement that they would be stepping back from royal duties. “It’s certainly not true to say the palace were blindsided by this,” said broadcaster Tom Bradby, who filmed revealing interviews with Harry and Meghan while they were in Africa last year, 764