Maryland Consent Order and Decree

State:
Maryland
Control #:
MD-JB-142-07
Format:
PDF
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A07 Consent Order and Decree
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FAQ

Save financial costs of litigation: Consent decrees forgo a court trial that allows for both parties and the courts to save legal expenses. Save the time of prolonged litigation: The parties and the courts save the time it would take for a court trial to occur and the courts more quickly clear their dockets.

A consent decree is a legal agreement that is reached between a company and the government (in this case, FDA). It is a negotiated agreement detailing the voluntary actions pledged by the affected company to remedy nonconformances, including systems improvements, and to avoid FDA litigation.

A consent decree is an agreement between involved parties submitted in writing to a court. Once approved by the judge, it becomes legally binding.

1 A consent decree is a negotiated agreement entered as a court order that is enforceable by the court. A settlement agreement is an out-of-court resolution that requires a signed agreement, or memorandum of understanding, and performance by the defendant.

While consent decrees are sometimes necessary and appropriate to secure compliance with federal law, federal court decrees that impose wide-ranging and long-term obligations on, or require ongoing judicial supervision of, state or local governments are extraordinary remedies that "raise sensitive federalism concerns."

A consent decree is a formal agreement (contract) created to resolve a dispute between parties without either party admitting blame. The decree document is a court order that establishes an enforceable plan for some kind of reform.

A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case), and most often refers to such a type of settlement in the United States.

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Maryland Consent Order and Decree