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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

As we get closer to the end of this election cycle, voters will find many different fliers and postcards in their mailboxes.All sorts of groups and campaigns are trying to reach voters before November 3, so the mailers are not unusual. However, one voter in Kentucky got a postcard that didn't sit well with him. The handwritten postcard started with a simple greeting: "Allan, thank you for being a previous voter!"But the next few lines left the recipient, Allan Carr, feeling intimidated."Who you vote is secret, but who you vote for is public information," said the postcard. "After the election on Tuesday, November 3, local organizations may follow up with you on your voting record.""It didn't scare me, but I saw it as threatening," explained Carr. "So, I can see somebody else being threatened by it."Carr said he received the postcard about two days after he voted early."I didn't understand it a bit," said Carr. "I don't even know what side - which campaign - it came from."The postcard didn't come from a political campaign. According to the fine print on the front of the card, it was paid for by Indivisible Chicago Alliance. According to the group's website, Indivisible Chicago Alliance describes itself as "a group of Chicago-area residents alarmed by the 2016 election and committed to resisting the Trump agenda." According to its mission statement, the group "engages with public servants to create a just society by promoting progressive values and grassroots engagement."One of the group's projects is "Postcards to Swing States." They're using volunteers to handwrite more than 15 million postcards to voters in 14 swing states. Kentucky is on their list, and the group confirms 865,000 postcards were sent out to Kentucky voters."The messaging on our postcards is designed to encourage people to vote and uses language that has been tested and proven to do so," said Marj Halperin with Indivisible Chicago Alliance. "This is a nonpartisan message that does not ask or encourage anyone to vote for specific candidates."According to the frequently asked questions section on the group's website, volunteers can choose between two approved messages."Message A" is listed as a "social pressure" message. It is written to say: "Thank you for being a [previous/first time] voter! Who you vote for is secret, but whether you vote is public information. After the election on Tuesday, November 3, local organizations may follow up with you on your voting record."The message is very similar to what Carr received. However, unlike the approved message that should say "whether you vote is public information," Carr's said, "who you vote for is public information."Halperin said the group did not authorize the message Carr received."Unfortunately, this volunteer did not write our approved message, which is solely designed to encourage people to vote," said Halperin. "With many volunteers writing multiple cards, this would seem to be an error, resulting in a message that not only is contrary to our approved language but also doesn't quite make sense."The message on Carr's postcard is also untrue. Kentucky has a secret ballot system, so the Secretary of State is certain no one will know who a voter votes for unless that voter tells someone."Whether you're voting in-person or voting absentee, there's no way anybody knows who you voted for," said Secretary of State Michael Adams. "I don't know. The poll workers don't know, and certainly, some shady out-of-state interest group doesn't know who you voted for."While Indivisible Chicago Alliance says their postcard to Carr was a mistake, there are confirmed situations in other states where voters have gotten intimidating messages by other groups. In Kentucky, intimidating voters is illegal."A person cannot intimidate, coerce, or attempt to interfere with someone's right to vote," said Assistant Attorney General Alex Garcia.Garcia says the Attorney General's Office has received a complaint involving an intimidating message, and they're looking into it currently."That complaint received - the language that was used was really vague. It was from an out-of-state organization," said Garcia. "We are looking into it."Garcia encourages anyone who witnesses election irregularities or election law violations to call the state's election law violations hotline. This article was written by Karolina Buczek for WLEX. 4454

NEW YORK – A group of fast food employees in New York is working to unionize. Local 32BJ of the Service Employees International Union has launched an effort to unionize Chipotle and McDonald’s workers. 216

AUSTIN, Texas – Inside a restaurant called “The Pita Shack,” Ayman Attar Bashi recreates part of his culture through the food served in his restaurant. “We are lucky,” he said. He and his family are lucky because a decade ago, they fled violence in Iraq, becoming refugees and resettling in Austin, Texas. “To be a refugee is not a choice,” he said. “Not a choice.” Refugees like Ayman, though, may no longer be able to count on Texas for a fresh start. Governor Greg Abbott said the state has already done more than its fair share. In a letter to Secretary of State Mike Pompeo, Gov. Abbott said that since 2010, “…roughly 10% of all refugees resettled in the United States have been placed in Texas.” He added that, “in addition to accepting refugees all these years, Texas has been left by Congress to deal with disproportionate migration issues resulting from a broken federal immigration system.” “There had been 41 other governors that had had come out and said, ‘yes, our state we would love to continue to accept refugees’ and that was a mix of Democrats and Republican governors, and so Gov. Abbott was the very first who had said no,” said Russell Smith, with Refugee Services of Texas, the largest resettlement agency in a state. Last year, Texas took in 2,227 refugees – the most of any state. It was followed by Washington, with 1,930 and California with 1,802. Overall, America is admitting fewer refugees. Back in 2016, President Barack Obama set a limit of 110,000 for the 2017 fiscal year. This year, President Donald Trump is setting a limit of 18,000. Though a judge put a temporary stop to the Texas plan, the potential for refugees to be rejected looms large here. “Every action has negatively affected resettlement at the same time,” Smith said. Whether the plan eventually goes through – or gets permanently rejected by the courts – remains to be seen. Back at his restaurant, Ayman says he and his family feel safe and welcomed in Austin. “You’re an active element in this community because we’re hiring people, we are providing people with good food, spread our culture – at the end of the day, you feel like you are doing a lot of good things in this community,” he said.The Trump administration has not said yet whether it will seek to appeal the federal judge’s decision, which stopped Texas from refusing refugees. 2356

Johnny Perri grew up in Michigan at his dad's jewelry store in Washington Township, J & M Jewelers. The lockdown due to COVID-19 not only took an economic toll on the business, but it also left Johnny bored, looking for somewhere to focus his energy. And then, he found it -- the perfect farewell to his late father's store and a chance for some adventure of his own. “Had the time of our life burying everything. It was awesome, man," he told 7 Action News. That's right -- Johnny and his wife Amy buried most of the store's inventory, all over Michigan. From metro Detroit to the U.P., you can find vintage engagement rings, precious coins, gold, and silver. Johnny guesses each buried treasure is worth around ,000. All told, he said he buried around million worth of treasure. And all of the treasure is up for grabs - for those who buy a ticket to Johnny's Adventure Quest, which starts officially on Aug. 1.Aside from a lot of fun, there's one thing Johnny wants people to get out of this massive treasure hunt. "Memories. Life is made of memories and that was our slogan here all these years," he said. Each treasure has a GPS tracker, so Johnny will know if they've moved. Once found, you can keep the treasure or sell it back to Johnny. Some of the treasure is 150 years old – precious inventory passed down from his father. "He would think I’m nuts," Johnny said. "But he'd be all for it. He was a big giver." For more information, click here. WXYZ's Jenn Schanz first reported this story. 1535

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