Also known as: in active concert with · acting in concert
Written by attorneys · grounded in primary & secondary sources — see below
Persons who act together with a party or its officers, agents, servants, employees, or attorneys to carry out conduct prohibited by an injunction. Such persons become bound by the order once they receive actual notice of it.
BizNet received a preliminary injunction barring enforcement of early termination penalties. After in-house counsel circulated the order, PayFast Services, an outsourced billing vendor, continued assessing the penalties on class-member accounts. Because PayFast acted under BizNet's direction and had actual notice, it operated in active concert with the enjoined party and became subject to contempt sanctions.
An employer entrusted employee Ramirez with authority to process incoming checks. Ramirez and her friend Torres, acting together, forged the employer's indorsement on a customer check payable to the employer. When a bank in good faith paid the instrument, the forged indorsement became effective as the employer's own because Torres acted in concert with the entrusted employee.
Select any source to read its text and confirm it supports the definition.
No. The order also reaches the parties' officers, agents, servants, employees, and attorneys, plus any other persons who act in active concert with them, provided those persons receive actual notice of the order.
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The nonparty must have actual notice of the injunction, which may be accomplished by personal service or by other means such as circulation of the order through counsel or internal memorandum.
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Yes, when the contractor receives actual notice and performs the precise conduct the injunction forbids at the direction of a party or its employee, thereby assisting evasion of the order.
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The indorsement is effective as the employer's own when the employee or a person acting in concert with the employee forges it, shifting loss to the employer unless the bank failed to exercise ordinary care.
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