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26 Am. J. Trial Advoc. 79 (2002-2003)
Enjoining Nonparties

handle is hein.journals/amjtrad26 and id is 87 raw text is: Enjoining Nonparties Richard A. Balest Ryan A. Allisontt Abstract In this Article, Professor Richard Bales and Ryan Allison use a series of hypothetical examples in order to flesh out the procedures and limitations ofenjoining nonparties. TheArticle discusses the underlying policy conflicts that arise upon attempting to bind nonparties by an injunction decree. In a picturesque little rural community in Anyburg, America during the nineteenth century, Farmer Fred liked to look out his window each morning and admire his luscious orchard of orange trees. The orchard extendedfor many acres to a nearby highway where a high fence separ- ated the trees from the rest of the world. A quaint little brook flowed through his lands and kept his trees well watered. His oranges were the best in the state and he frequently sold them to high-priced bidders. Often, Farmer Fred liked to eat afew himself The orchard was his most prized possession. One day, Farmer Fred discovered that his neighbor, Evil Ed, liked to cross the highway and climb the fence to take as many oranges as he could carry. Evil Ed liked to eat and sell the oranges. Farmer Fred immediately obtained an injunction against Evil Ed which stated that EvilEd is notpermittedto enter Farmer Fred's orchard to take oranges, and if he does, he will be fined $500 for every orange he takes. The law in the nineteenth century stated that only those named to an injunction would be bound by the decree. So Evil Ed had Igor, his gardener, run over to Farmer Fred's orchard and take afew buckets of the fruit. Farmer Fred saw this and declared that Evil Ed would be in trouble with the courts. t B.A. (1990), Trinity University; J.D. (1993), Cornell Law School. ProfessorBales is an Associate Professor of Law at the Northern Kentucky University, Chase College of Law. B.A. (2000), Georgetown College. Mr. Allison is a law student at Salmon P. Chase College of Law (anticipated graduation in May 2003). The authors would like to thank Nancy Allison, Jamie Burden, Derek Durbin, and Rachel LeJeune for their assistance in the preparation of this Article.

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