Aggressive Litigation: Analysis Shows Practice Area with the Most Preliminary Injunctions

The preliminary injunction is a drastic judicial intervention, with judges placing a high bar on granting these requests to block a defendant from action. But one case type breaks that trend.

Trademark cases see injunctions are granted 68% of the time. This is almost the inverse of the trend across all federal case types, where the motions are rejected 63% of the time. This trend could be attributed to the nature of the claims filed under the trademark case type;

In fact, there are only a handful of practice areas that see more than a 50% chance of winning an injunction. Securities litigation cases see 58% of cases granted, while the broad fraud case type sees 57% of injunctions granted.

Securities litigation and fraud are the only other case types with injunction grant rates above 50%.