FSC Injunction Question...

[Lee]

Originally posted by TheEnforcer@Jun 1 2005, 11:43 AM
No clue but I would think that an injunction on an issue such as this would HAVE to include everyone as the law is burdensome no matter whether you are a FSC member or not.

Id think so to but apparently not.

F.R.C.P 65 (d) provides that injunctions and restraining orders shall be "binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise." A TRO or preliminary injunction is binding only on those "who receive actual notice of the order by personal service or otherwise." Successors or assigns of persons bound by an injunction may also be bound in proper cases. Golden State Bottling Co., Inc. v. NLRB, 414 U.S. 168, 94 S.Ct. 414, 38 L.Ed.2d 388 (1973).

The law, as i read it (and im by no means a lawyer) does say that persons participating with the parties are covered however, as i recall, the FSC have already stated that FSC members arent going to be named in the injunction.

This whole thing just gets more confusing with each passing day