Tag Archives: Fed. R. Civ. P. 65(d)(2)

Eleventh Circuit Holds That a Former Employee Is Not an “Employee” Bound by an Injunction Under Fed. R. Civ. P. 65(d)

In United States v. Robinson, No. 22-10949 (11th Cir. Sept. 28, 2023), the Eleventh Circuit vacates the criminal contempt conviction of a former employee of an enjoined corporation, holding that former employees are not “employees” within the intendment of Fed. R. Civ. P. 65(d)(2) and that the government did not prosecute the defendant under theContinue reading “Eleventh Circuit Holds That a Former Employee Is Not an “Employee” Bound by an Injunction Under Fed. R. Civ. P. 65(d)”

Split Second Circuit Panel Holds That A Non-Party Is In “Active Concert or Participation” Under Fed. R. Civ. P. 65(d) Only If They Intend to Benefit or Assist an Enjoined Party

In Havens v. James, No.20-664_(2d Cir. Aug. 4, 2023), a split Second Circuit panel holds that under Fed. R. Civ. R. 65(d)(2), that for a non-party to be subject to an injunction as acting in “active concert or participation,” they must act with the purpose of benefiting or assisting an enjoined party. The panel majorityContinue reading “Split Second Circuit Panel Holds That A Non-Party Is In “Active Concert or Participation” Under Fed. R. Civ. P. 65(d) Only If They Intend to Benefit or Assist an Enjoined Party”