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Topic: Consent judgment

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informed consent

Advise and Consent

Consenting Adults

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advice and consent

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prior written consent

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	JOSEPH CIELO v. M.G.KAILIS GULF FISHERIES PROPRIETARY LIMITED No. 186 of 1988 Judgment and Orders - Mistake - Practice ...
		This judgment was applied in Lewis v Campbell (1989) 18 NSWLR 529 in circumstances where the solicitor for the plaintiff had inserted a wrong figure by mistake in a written offer of compromise.
		The judgments are based upon the suggested finality of a compromise reached by counsel in the scope of his apparent authority.
		His Honour then observed that the judgment of the other members of the House of Lords "appear untrammelled by any consideration of whether or not the order had been sealed." His Honour concluded that the inherent jurisdiction was not confined to cases where the order has not been sealed.
	www.nt.gov.au /ntsc/doc/sentencing_remarks/0/91/0/NS000120.htm (3612 words)

	[No title]
		He maintained that after the consent judgment was entered, he discovered that the easement the City had sought through condemnation was not within the legal description of the project redevelopment area contained in the ordinance and notices published pursuant to the Act.
		A consent decree is based upon the agreement of the parties, and may supersede both the pleadings and the evidence.
		Ordinarily, a consent decree may not be appealed because it constitutes no more than the court's recording of a settlement agreement reached by the parties and is not a judicial determination of their rights.
	www.state.il.us /court/OPINIONS/AppellateCourt/1997/3rdDistrict/April/HTML/3960187.txt (1607 words)

	[No title]
		This Consent Judgment applies only to Settling Defendants in their corporate capacity acting through their respective successors and assigns, directors, officers, employees, agents, subsidiaries, divisions, or other internal organizational units of any kind or any other entities acting in concert or participation with them.
		This Consent Judgment is not intended to and does not vest standing in any third party with respect to the terms hereof, or create for any person other than the parties hereto a right to enforce the terms hereof.
		This Consent Judgment is not intended to be and shall not in any event be construed as, or deemed to be, an admission or concession or evidence of personal jurisdiction or any liability or any wrongdoing whatsoever on the part of any Defendant.
	news.findlaw.com /cnn/docs/tobacco/consent.html (1602 words)

	Harborgate Prop. Owners Ass'n, Inc. v. Mountain Lake Shores Dev. Corp., 145 NC App 290 (00-856) 08/07/2001 (Site not responding. Last check: 2007-10-20)
		Harborgate voluntarily agreed to be a party to the consent judgment and to specifically perform its obligations, and Bluebird accepted that obligation by accepting the transfer of the subdivision.
		Ordinarily, “[a] consent judgment is the contract between the parties entered upon the records with the approval and sanction of the court.
		The majority opinion correctly notes that "[a] consent judgment is the contract between the parties entered upon the records with the approval and sanction of the court.
	www.aoc.state.nc.us /www/public/coa/opinions/2001/000856-1.htm (3244 words)

	Oregon Judicial Department Appellate Court Opinions
		In its petition for reconsideration, defendant argues that plaintiff was not entitled to rely on Section VI(G) in opposing the admission of the consent judgment.
		The difficulty with defendant's argument is its underlying premise that plaintiff is attempting to enforce the consent judgment, to assert rights under it, or to use it as some sort of admission of liability.
		According to defendant, that consent judgment followed the pattern of, and contained essentially the same terms as, consent judgments or decrees between defendant and the other 45 states involved in litigation with the tobacco industry.
	www.publications.ojd.state.or.us /A106791A.htm (1155 words)

	CONSENT JUDGMENT AND ORDER FOR PERMANENT INJUNCTION (Site not responding. Last check: 2007-10-20)
		Judgment in the amount of Three Million Seven Hundred Sixty-One Thousand Eight Hundred and Seventy-Two Dollars ($3,761,872) is hereby entered in favor of the Commission against defendant Hildreth, for equitable monetary relief, including but not limited to, consumer redress and/or disgorgement and for paying any attendant expenses of administering any redress fund.
		Defendant Hildreth acknowledges that this judgment for equitable monetary relief is solely remedial in nature and is not a fine, penalty, punitive assessment, or forfeiture.
		The Commission's agreement to this Consent Judgment is expressly premised upon the truthfulness, accuracy, and completeness of these financial statements.
	www.ftc.gov /os/1997/12/hildreth.htm (2398 words)

	Michigan Appellate Digest - 236740 Inverness Mobile Home Community, Limited v Bedford Township (Site not responding. Last check: 2007-10-20)
		The consent judgment further specified that disputes regarding the appropriateness of the property would be submitted to the court for determination and that development of property deemed appropriate would constitute a reasonable use of the property.
		However, the terms of the sealed consent judgment had been negotiated by a township board of trustees composed of members different from the members then serving on the board, and the board members had only been aware of the terms of the judgment for months before they moved for relief from judgment.
		Under the circumstances, the pertinent provisions of the consent judgment were void, and the trial court properly set those provisions aside as improper infringements on legislative authority.
	courtofappeals.mijud.net /Digest/newHTML/23674021.htm (684 words)

	Consent Decree Entering Judgment In Favor Of Plaintiff - AnyLawyer.info (Site not responding. Last check: 2007-10-20)
		district court?s judgment that the consent decree was in the...
		consent of the attorney's client, to adjudge and decree the attorney a portion of the proceeds of a judgment recovered by the attorney in favor...
		The judgment is reversed, the verdict in plaintiff's favor reinstated on...
	www.anylawyer.info /consent-decree-entering-judgment-in-favor-of-plaintiff.htm (486 words)

	Consent Judgment -- Attorneys and Legal Advice (Site not responding. Last check: 2007-10-20)
		Following a consent judgment in 2000, the township was required to bring sewer service to the park.
		Romeo Observer, MT, By consent judgment, the township is required to allow a sewer system in the township to service the residential developments to be located at 26 Mile and...
		The equipment was installed in response to a consent judgment entered into by the company, the city and the state.
	www.cougarlegal.com /practice_areas/Consent_Judgment.html (678 words)

	OSCN Found Document:Actions by Attorney General or District Attorney - Consent Judgment - Orders
		The consent judgment also may include a stipulation for restitution to be made by such person to consumers of money, property or other things received from such consumers in connection with a violation of this act and also may include a stipulation for specific performance.
		Any consent judgment entered into pursuant to this section shall not be deemed to admit the violation, unless it does so by its terms.
		Before any consent judgment entered into pursuant to this section shall be effective, it must be approved by the district court and an entry made thereof in the manner required for making an entry of judgment.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=66261 (489 words)

	UNITED STATES OF AMERICA, Plaintiff, v. LOCAL 6A, CEMENT AND CONCRETE WORKS, LABORERS INTERNATIONAL UNION OF NORTH ...
		The standing of the District Council and its officers to appeal the Trustee's decision is authorized by Paragraph 8(a) of the Consent Judgment and is not in dispute.
		After issuing his decision, the [10] Trustee determined that the provisions of the Consent Judgment** prohibited Madera from appealing the Trustee's removal decision and that the decision could not be stayed pending resolution of any appeal, concluding that only the union officers could appeal and that Madera's removal was immediate.
		The United States obtained this Consent Judgment in furtherance of its law enforcement functions, which are similar to those involved in antitrust cases, treated as proper subjects for legislative regulation in connection with the statute being enforced.
	www.ipsn.org /court_cases/us_vs_mason_tenders-1993-09-13.htm (6839 words)

	[No title] (Site not responding. Last check: 2007-10-20)
		Appellants' Collateral Judicial Attacks on J.L. Consent Judgment From this initial direct attack, the Appellants' attempts to undermine the principles on which the judgment was founded have been both numerous and varied.
		While the denial of the direct attack on the continued existence of the Consent Judgment was pending before the Vermont Supreme Court, the Appellants apparently shifted to covert measures to circumvent VSH patients' due process rights to involuntary medication hearings.
		The Appellants attempted to evade the strictures of the Consent Judgment by pursuing guardianship appointments in the Probate Court.
	www.defgen.state.vt.us /bbank/BRIEFS01/JL.TXT (3845 words)

	Executive Order 132xx (Public Participation In Agency Settlements)
		Non-parties often have no opportunity to participate in or comment on the consent judgment or settlement agreement even though their rights and duties may be determined by the judgment or settlement.
		For purposes of this Order, a consent judgement is a settlement in any judicial or administrative process that: (i) requires an agency to act, or refrain from acting, under any federal statute; and (ii) is enforceable as a judicial or administrative order.
		For all regulatory actions affected by a consent judgment that are subject to the requirements of Executive Order 12866, the proposed consent judgment shall be sent to the Office of Management and Budget (hereinafter "OMB") for review and comment.
	www.thecre.com /ombpapers/ExecutiveOrder132xx.htm (1477 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		On appeal UBI essentially argues that the consent judgment is exclusively limited to the sale of an electrolyte solution with the name "Naturalyte" and does not prohibit UBI from manufacturing or supplying private-label retailers with electrolyte solution in square bottles that those retailers sell under their own private labels in their own stores.
		In the alternative, UBI argues that, since it did not violate the actual language of the consent judgment, it was entitled to fair warning before being sanctioned for violating the consent judgment.
		A consent judgment need not recite every possible way in which a violation might occur when the proscribed conduct is readily ascertainable to an ordinary person.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=11th&navby=case&no=994223MAN (2064 words)

	Independent - May 7, 2004: Ruling puts Ganado schools on short leashJudgment opts out of civil, criminal liability for ... (Site not responding. Last check: 2007-10-20)
		The consent judgment, which names Ganado Unified School District as the defendant and the State of Arizona through Attorney General Terry Goddard as the plaintiff, states that the defendant,"acting through the District's Administration employees has, on numerous occasions with respect to its procurement activities and financial accounting, violated state laws and school district procurement rules...
		The judgment does not release from liability anyone who may be subject to civil or criminal action arising from the basis for the state's complaint, the Auditor General's investigative report.
		The district is required to display the judgment prominently for 12 months at the district's website and also provide a copy to all district employees and all legal guardians of all district students.
	www.gallupindependent.com /2004/05may04/050704ganado.html (1551 words)

	Daniel v. Moore, (03-458) 06/01/2004 (Site not responding. Last check: 2007-10-20)
		For a valid consent order, the parties' consent to the terms “must still subsist at the time the court is called upon” to sign the consent judgment.
		A consent judgment is acontract between the parties entered, with the sanction of a court of competent jurisdiction, upon the court's records.
		Because we conclude that plaintiffs revoked Rhodes' authority to enter the consent judgment before final entry of the judgment upon the court's records, we hold that plaintiffs have carried their burden of proving the invalidity of the consent judgment.
	www.aoc.state.nc.us /www/public/coa/opinions/2004/030458-1.htm (2743 words)

	FTC v. Schnuck Markets, Inc. - Consent Judgement
		Judgment is hereby entered in favor of the Plaintiff, Federal Trade Commission, and against the Defendant, Schnucks, and Schnucks shall comply with the provisions of this Consent Judgment.
		Schnucks shall divest, absolutely and in good faith, the Assets To Be Divested within six months of the entry of this Consent Judgment or such further period as the Commission may determine.
		If Schnucks has not divested, as required by Paragraph V. hereof, the Assets To Be Divested within six months of the date of entry of this Consent Judgment, as may be extended by the Commission, the Commission may appoint a trustee to divest the Assets To Be Divested.
	www.ftc.gov /os/1997/09/schnuckjudge.htm (1323 words)

	SurfWax: News, Reviews and Articles On Consent Judgment
		The judge's ruling and the consent judgment are the outcomes of a lawsuit filed by the American Civil Liberties Union of Louisiana on behalf of a Loranger High School parent...
		The consent judgment signed by a federal district court judge in late May acknowledged the importance of recognizing religious holidays and provided that, "Should the Town erect or allow the display of religious symbols on public property all religious symbols will be given equal treatment.".
		A 1984 consent judgment between Technisand and the DNR called for mining to end by 2003 and reclamation of the land to be completed by 2005.
	www.lawkt.com /files/Consent_Judgment.html (2977 words)

	Steiner v. County of Marshall, 1997 SD 109 (Site not responding. Last check: 2007-10-20)
		The consent judgment provides the agreement that Landowners release County from any liability and, in return, County install another sixty-inch culvert on Fort Road where it crosses Cattail Lake as well as monitor the levels of water flow through the culverts.
		The consent judgment was submitted to the district court for approval by the firefighters (the plaintiffs) and the city of Cleveland (the defendant).
		A consent decree is primarily a means by which parties settle their disputes without having to bear the financial and other costs of litigating.
	www.sdbar.org /opinions/1997/August/1997_109.htm (4792 words)

	Family Court Benchbook-Consent Judgment of Divorce
		DO Judgment may not be entered until 60 days or more after filing of complaint.
		DM Judgment may not be entered until 6 months after filing of complaint.
		The Court may accelerate the entry of a judgment after 60 days has passed if the criteria in MCR 3.210(A)(2) are met.
	courts.ewashtenaw.org /FAMILYBE/CONSEN1.HTM (206 words)

	Alaska Statutes: AS 45.50.584. Consent Judgment. (Site not responding. Last check: 2007-10-20)
		Judgment in Favor of the State as Evidence in Another Action.
		The consent judgment or decree shall set out the alleged violations, future obligations of the parties, if any, damages, or other relief, the defendant agrees to make, if any, and the reasons for entering into the consent judgment or decree.
		During the 60-day period an interested party may file verified exceptions to the form or substance of the consent judgment or decree, and the court, upon a full hearing on those exceptions, may approve or refuse to enter the consent judgment or decree.
	www.touchngo.com /lglcntr/akstats/Statutes/Title45/Chapter50/Section584.htm (274 words)

	LawKT.com: Law Firm Publications on Consent Judgment
		HCA, Inc., a final consent judgment was recently executed to settle a lawsuit that alleged that two competing hospitals used a CON administrative agreement to divide markets for health care, hospital and open heart surgery services in specific regions.
		The consent judgment required these steps to be completed by April 15, 1998, or else the City would be required to show cause why civil penalties should not be imposed on it under the CWA.
		In July 2000, a consent judgment was entered in favor of plaintiff for $14.
	www.lawkt.com /pubs/Consent_Judgment.html (5360 words)

	EPA: Federal Register: Notice of Lodging of Proposed Consent Judgment Pursuant to the Clean Water Act
		The proposed Consent Judgment concerns alleged violations of sections 301(a) and 404 of the Clean Water Act, 33 U.S.C. 1311(a) and 1344, resulting from the unauthorized filling and ditching of approximately 7 acres of wetlands, with impacts to all wetlands on the entire 18-acre tract, in the Town of Schererville, Lake County, Indiana.
		The proposed Consent Judgment would provide for the payment of a $61,360.00 civil penalty within thirty (30) days of entry of judgment; full restoration of the site; and forfeiture of the entire 18-acre tract to the State of Indiana, Department of Natural Resources, within thirty (30) days of completion of the restoration.
		The proposed Consent Judgment may be examined at the Clerk's Office, United States District Court for the Northern District of Indiana, Hammond Division, 507 State Street, Hammond, Indiana 46320.
	www.epa.gov /fedrgstr/EPA-WATER/1998/December/Day-02/w32029.htm (420 words)

	Onondaga Lake Improvement: Consent judgment — summary (Site not responding. Last check: 2007-10-20)
		The Onondaga Lake Amended Consent Judgment (ACJ) stems from a 1989 Judgment on Consent settling litigation between the State of New York, the Atlantic States Legal Foundation, and Onondaga County in connection with alleged violations of state and federal water pollution control laws.
		The conditions of the Judgment on Consent required the County to perform a series of engineering and scientific studies to evaluate the need for upgrading the Metropolitan Sewage Treatment Plant (Metro) and for providing treatment of the combined sewer overflows (CSOs) that occur in the Metro service area.
		The result was the execution of the Amended Consent Judgment (ACJ) which was signed in January 1998 by all the parties—NYSDEC, the State Attorney General, ASLF, and the County.
	www.lake.onondaga.ny.us /ol14.htm (2379 words)

	DOJ/Antitrust
		Defendants agree to be bound by the provisions of the proposed Final Consent Judgment pending its approval by the Court.
		Nothing in this Final Consent Judgment is intended to prevent Morton Plant, Mease and/or the Partnership from participating in lawful integrated delivery networks such as accountable health partnerships, physician organizations and physician networks of their medical staff; provided that participation decisions shall be made independently by Morton Plant, Mease and the Partnership.
		This Final Consent Judgment shall expire 5 years from the date of entry; provided that, before the expiration of this Final Consent Judgment, either plaintiff, after consultation with Morton Plant and Mease and in each plaintiff's sole discretion, may extend the Judgment for an additional five years.
	www.usdoj.gov /atr/cases/f5000/5057.htm (2157 words)

	Onondaga Lake Amended Consent Judgment (ACJ) Summary (Site not responding. Last check: 2007-10-20)
		The Onondaga Lake Amended Consent Judgment (ACJ) specifies projects to be undertaken to improve the water quality of Onondaga Lake and achieve full compliance with state and federal water quality regulations.
		The Onondaga Lake Amended Consent Judgment (ACJ) was signed in January 1998, and stems from a 1989 Judgment on Consent settling litigation between the State of New York, the Atlantic States Legal Foundation (ASLF) and Onondaga County in connection with alleged violations of state and federal water pollution control laws.
		The conditions of the Judgment on Consent required the County to perform a series of engineering and scientific studies to evaluate the need for upgrading the Metropolitan Sewage Treatment Plant (METRO) and for providing treatment of the combined sewer overflows (CSOs) that occur within the METRO service area.
	www.onlakepartners.org /olclean/acjsum/index.cfm (618 words)

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