Can Non-Parties Be Bound by An Injunction Which Forbids Carrying Out of Illegal Acts to Inhibit Acts Through Aiders and Abettors ?
In State ex rel. Fisher v. Renters' Assistance Foundation, Inc. (Sept. 14, 1993), Franklin App. No. 92AP-1590, 1993 Ohio App, the appellants attacked the breadth of an injunction forbidding certain deceptive sales practices committed by the appellants.
The injunction encompassed the appellants, their agents, servants, representatives, salespersons, employees, successors and assigns, and all persons acting in concert and participation with them, directly or indirectly, through any corporate device, partnership, or association. Id.
The appellants sought to have the injunction modified because it appeared to bind individuals who may have some affiliation with appellants but may not have been aware of the injunction because they were not parties to the proceeding.
The Court found that the injunction was not overbroad in that there was no evidence indicating that the trial court had attempted to enforce the injunction against an improper individual. Id.
In addition, the Supreme Court of Ohio has held that nonparties may be bound by an injunction to ensure that the defendants do not nullify the decree by carrying out prohibited acts through aiders and abettors, even though the aiders and abettors were not parties to the original proceeding. Planned Parenthood Ass'n. of Cincinnati, Inc. v. Project Jericho (1990), 52 Ohio St.3d 56, 61, 556 N.E.2d 157.
Those persons must have actual notice of the injunction in order to be bound by it. Id.