Injunctive Relief To Prevent Monetary Damages In Estate Litigation

In general, a party is only entitled to injunctive relief if they can demonstrate that the damages for which they seek redress are not compensable by an award of monetary damages. However, in a recent US District Court case, the US District Court decided that injunctive relief was called for to preserve monetary assets pending the resolution of a matter. Typically, it is rare to see estate litigation before a US District Court; however, the District Court correctly applied New Jersey law in finding that injunctive relief was appropriate.

In that matter, the US District Court found that the decedent had improperly taken a large sum of money from the party who had brought the litigation. The plaintiff subsequently discovered that the decedent's estate was going to sell a parcel of property. Plaintiff sought an injunction requiring that the proceeds from the sale be held in escrow; otherwise, it may suffer irreparable harm. The District Court concluded that injunctive