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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
After nearly six months of investigations, the defense legal team released more than 1,200 graphic evidence photos from inside and outside Breonna Taylor's Louisville apartment.Taylor was shot five times March 13, 2020, while Louisville Metro Police Department officers carried out a no-knock warrant for a drug investigation.Many of the photos were too graphic to show but those released paint a picture of what happened during the raid:Nearly a dozen shell casings are seen scattered across the apartment parking lot; dozens more in the alcove in front of Taylor's apartment which is where LMPD Officer Brett Hankinson's termination letter states he fired 10 rounds through a covered patio door and window.Inside Taylor's apartment, several photos displayed her belongings pierced with bullet holes: her clock, shower, chairs, mirrors, cabinets, pots, inside drawers, shoes as well as walls and ceilings that back up to her neighbors.In Taylor's room, a photo showed a gun under her bed that was legally owned by her boyfriend Kenneth Walker who was with her that night. Walker said he fired one shot when he thought someone was breaking in.A photo of LMPD Officer Anthony James revealed he was wearing a body camera. LMPD previously said no body camera video existed as they said officers were not wearing cameras.Another photo displayed a letter to Taylor from her ex-boyfriend, Jamarcus Glover. He was the person named on the warrant that LMPD used to enter Taylor's apartment. But, he was arrested just minutes earlier during a raid at another location as part of the same drug investigation. This article was written by Claire Kopsky for WLEX. 1674
Former New Jersey Gov. Chris Christie remains hospitalized, but called a New Jersey newspaper editor from his hospital bed Monday morning, reportedly sounding raspy but not coughing — and fiery as ever.The former governor has struggled with asthma all his life, and announced on Twitter Saturday that he would check himself in to Morristown Medical Center on the advice of his doctors.Christie was seen outdoors in the White House Rose Garden hugging people without a mask last week. He also came in close contact with President Donald Trump and his staff when helping to prepare him for last week's debate."No one was wearing masks in the room when we were prepping the president during that period of time," Christie told Good Morning America. "The group was about five or six people in total."Monday, New Jersey Gov. Phil Murphy wished his predecessor a speedy recovery."He and I have had private communications," said Murphy. "He is in our prayers and he knows that we're here for him."The state is currently working to contact trace 206 people who attended a Trump fundraiser at his private golf club in Bedminster last week. Trump and his staff were there just hours before the president announced that he'd tested positive for COVID-19.The New Jersey Attorney General is now investigating whether the fundraiser violated state rules on social distancing. Many in attendance did not wear masks. But the Republican National Committee has insisted that face masks were provided and the event was in compliance.At Murphy's afternoon press briefing, he said the president and his staff acted recklessly by coming to New Jersey, knowing they had come in contact with someone who tested positive.“The actions leading up to and during this event have put lives at risk,” Murphy said.Some of the event attendees flew in from other parts of the country and have now scattered."This never should have happened," said the governor. This article was written by Christie Duffy for WPIX. 2002
As of Thursday night, 456 restaurant owners have joined a class-action suit against New York City and state over indoor dining, according to the attorney representing the restaurant owners.They're hoping a court order will get indoor dining back into New York City. That list now includes the father of superstar musician and actress Lady Gaga, who owns Joanne Trattoria on the Upper West Side."When it rains we gotta close," said Joe Germanotta. "Once it starts getting cold. The place will be empty."He's added his name to the billion suit.Germanotta says he's got the financial backing to keep his restaurant afloat but joined the lawsuit after seeing others having to close."It's so sad, because I'm watching some of my dear friends that own places, shut down," said Germanotta.Come this weekend, everywhere around the city will be open for indoor dining, including Long Island's Nassau County, Westchester and New Jersey."Not one public health official from the city has entered any of these restaurants to deem them dangerous," said attorney James Mermigis, who represents the restaurant owners."On this side of the border, in the Borough of Queens and throughout the five boroughs, what does the mayor and the governor say? 'You eat in the street.'," said Eric Ulrich, Republican New York City Councilman.City Councilman Justin Brannan, a Democrat, also wants to know why Long Islanders can eat inside and city residents can't."Tell us why, right now, I can go have a meal anywhere outside the City of New York indoors at limited capacity, but I can't do it here in the city, the five boroughs," Brannan said.New York Gov. Andrew Cuomo blamed New York City Mayor Bill de Blasio in a press conference Thursday, saying de Blasio needs to figure out how to enforce social distancing guidelines.""We are going to contact the speaker today, and say look, 'If New York City can say this many police, NYPD, can be put on a task force to monitor the compliance, that's something that we can discuss.'"The mayor says it's a health risk."I want to see how we can help them, but it has to be health and safety first," de Blasio said.Germanotta is urging lawmakers to get it together."Something has to be done. They're not listening, they're not hearing, they're just not being realistic," he said. "They gotta put themselves in our shoes — they're still getting a paycheck, these people are suffering." This article was written by Cristian Benavides for WPIX. 2486
Despite being the most watched sport in the country, fewer young people are playing tackle football. And while 7th grader Andrew Ek dreams of playing in the NFL, Brigid Ling worries about what the sport can do to Andrew’s and her own son’s brains. “When our oldest son was 8 he was begging us to move on from flag football to play tackle,” Ling said. “And we just weren’t ready for him to play tackle football at that age.” A new survey found participation in tackle football for kids 6 to 12 years old, dropped more than 17 percent over the past five years. A big reason for the shift: brain injuries. After more than a decade of research, there’s hard evidence of a direct link between football and CTE - a brain disease caused by repeated hits to the head. “We just felt there had to be a good interim step for kids to play,” Ling said. So rather than find a new sport for their son to play, Ling and her husband created one. “We created TackleBar as a way to allow kids to make a transition step from flag football to tackle football,” she said. In TackleBar, players hit but they don’t tackle each other to the ground. The goal is to wrap up and rip off foam bars harnessed on other player’s lower backs. Tacklebar coach Logan U’u grew up in a city that embraced hardnose football. “Playing football in Oakland, man, you got guys like Marshawn Lynch out there in your league,” U’u said. “We’re just little kids just cracking heads every single play.” Earning a football scholarship to the University of Minnesota, U’u knows about the sport’s rewards. He also knows about the risks like concussions. “You become nauseated to the point where you feel like you’re going to throw up and maybe you do throw up,” he said. “And then you feel like you want to cry but you can’t because you’re so confused. It’s a very bizarre feeling.” U’u says TackleBar teaches players proper tackling techniques and ultimately better prepares kids to transition to real take downs. Neurosurgeon and University of Minnesota researcher Uzma Samadani says TackleBar is much safer than both tackle and even flag football, and she has the research to prove it. “We published this paper in the Orthopedic Journal of Sports Medicine,” she said. “Basically, what we found was that the injury rate was seven-fold lower in the TackleBar kids versus the other kids” For two seasons, Samadani tracked 1,000 football players ages 9 to 15, and her findings showed a big spike in safety. “I think TackleBar makes athletes safer for two mechanisms,” she said. “One is reducing head-to-head contact and other is reducing head-to-ground contact.” Despite the study, Samadani says banning contact sports isn’t the ultimate answer – safer options are. “Now that we understand that the chronic effects of neurotrauma exist and they’re very serious we have to prevent it from happening in the next generation,” she said. Now entering its fifth season, TackleBar is attracting a new generation of young football players. “Last year we were over 8,000 kids in over 200 communities,” said TackleBar CEO Tim Healy. Healey says they plan on continuing to expand to teams across the country with the hope that TackleBar can reverse the trend and ultimately bring kids back to old-school football – when they’re ready. “It pains me when I see these schools where the numbers are down so much,” he said. “This is a way we can save the game.” 3447