Enjoining Nonparties

This article examines the controversial yet pervasive practice of courts issuing injunctions that bind nonparties—individuals or entities not formally part of the underlying lawsuit. Challenging the conventional interpretation of Federal Rule of Civil Procedure 65(d)(2), the paper argues that the rule’s text and structure do not authorize courts to enjoin nonparties. It reveals how modern injunction practice significantly departs from the historical equity tradition that influenced the Federal Rules. By tracing doctrinal developments and offering a new interpretive framework rooted in text and history, the article proposes a more constrained approach to nonparty injunctions. This approach balances judicial efficiency and fairness while respecting the constitutional limits of judicial power. The paper covers issues with agents, aiders and abettors, persons cognizant of injunction decrees, successors of interests of the enjoined party, and in rem injunctions, and members of the same class.