Also known as: active concert · concert or participation · aiding and abetting
Written by attorneys · grounded in primary & secondary sources — see below
A category of nonparties who may be bound by an injunction when they receive actual notice of the order and act together with the parties or their officers, agents, servants, employees, or attorneys to carry out the prohibited conduct.
GreenRiver Watch obtained an injunction against RiverChem barring discharges near the river. The regular waste-hauling contractors received actual notice of the order yet continued hauling effluent for RiverChem. The court held the haulers bound because their ongoing work with RiverChem satisfied the active concert requirement.
After the NLRB ordered a company to reinstate a discharged worker, Golden State Bottling acquired the business with knowledge of the unfulfilled order. The successor continued operations without complying. The Court treated the purchaser as bound because it acted in active concert with the original employer.
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Cindy formed Harbor Logic and hired Yvonne after an injunction barred use of stolen source code. Harbor Logic and Yvonne received notice yet developed and sold a competing product using the same code. The court found them bound as persons acting in active concert with Cindy to circumvent the order.
A city obtained an injunction against named civil rights leaders barring unauthorized parades. Walker and other participants received notice yet organized and joined the marches. The Court held the nonparty demonstrators bound because they acted in active concert with the named respondents.
Harris obtained a federal injunction against enforcement of a state criminal syndicalism statute. Younger, the local district attorney, received notice yet continued prosecutions. The Court held Younger not bound because he was not acting in active concert with the enjoined state officials.
A women's health center obtained an injunction limiting protests near its facility. Madsen and other demonstrators received notice yet continued blocking access in coordination with named defendants. The Court treated the additional protesters as bound because they acted in active concert with the enjoined parties.
No. Under Rule 65(d)(2), an injunction also binds the parties' officers, agents, servants, employees, and attorneys, as well as other persons who act in active concert or participation with them, provided those persons receive actual notice of the order.
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A nonparty must show either lack of actual notice or that its conduct was not undertaken in coordination with a party or its agents to carry out the enjoined activity. Independent action without such coordination places the nonparty outside the rule's reach.
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Yes. When the contractor receives actual notice and performs the precise conduct the injunction prohibits in coordination with the client or its employees, the contractor acts in active concert and may be held in contempt.
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No. The new entity must receive actual notice and must be shown to have been created or used to continue the prohibited conduct in active concert with the enjoined individual.
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…"§ 11400. Definition " Criminal syndicalism' as used in this article means any doctrine or precept advocating, teaching or aiding and abetting the commission of crime, sabotage (which word is hereby defined as meaning wilful and malicious physical damage or injury to physical property), or unlawful acts of force and violence or…