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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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In a concent decree where parties release the opposing parties

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In a concent decree where parties release the opposing parties of all future claims, rights, demands and any other forms of lawsuit - if one opposing party wants the language of the decree changed, what is "the scope of the enforceable release and whar is not?

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, the 'scope' of the release in that situation would be based on the language of the decree. For example if one party wants to modify the language to permit suits for both parties if there is a specific fact found within the next 3 years (purely as an example), then the scope of the enforceable release would include all of the waivers and conditions of the consent decree plus this additional condition that would be imposed on the decree.

Hope that helps.

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