Judge erred on ‘inconsistency analysis’

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 14, 2020 11:29 AM

Relying on the U.S. Supreme Court’s analysis of inconsistent judgments in Frow v. De La Vega, 82 U.S. 552 (1872), a district judge in Chicago — ruling in a class action where Arwa Chiropractic alleged Med-Care Diabetic & Medical Supplies and its chief executive officer, Dr. Steven Silverman, violated the Telephone Consumer Protection Act by faxing 46,051 unsolicited advertisements — vacated a default judgment on liability against Med-Care as incompatible with a subsequent order that granted Silverman …

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