Tag Archives: Superiority

Simply the Best, Better Than all the Rest: Superiority Claims and Substantiation

Do you have the best wireless provider? If so, best in what sense—the best contract, the best devices, the best connectivity, the best value? That was the issue NAD recently addressed when it recommended that T-Mobile discontinue its “Best Unlimited … Continue reading

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Joint Chiefs of Staff – Permanent global cyberspace superiority is not possible

Steven Aftergood – Secrecy News Blog: “Military planners should not anticipate that the United States will ever dominate cyberspace, the Joint Chiefs of Staff said in a new doctrinal publication. The kind of supremacy that might be achievable in other … Continue reading

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"Tests Prove" Challenge Fails to Stop Competitor's Diaper Pail Superiority Claim

Denying Playtex's motion for preliminary injunction, a Los Angeles federal court decision illustrates the limits of attacking your adversary's product test methodology instead of also presenting your own product testing data in Lanham Act cases. In Munchkin, Inc. v. Playtex … Continue reading

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Jingoism and braggadocio about proclaimed superiority of management in US law departments

It is often said in blog posts, articles and conferences that general counsel of US companies are managerially advanced compared to general counsel of the rest of the world. "Them's fightin' words," you could say! How someone could demonstrate such… … Continue reading

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Federal Court Holds That Voluntary Refund Programs Can Defeat Class Certification Under Rule 23(b)(3)'s Superiority Requirement

This post was written by James C. Martin and Colin E. Wrabley. Class action defense litigators should be aware of a recent federal district court decision that endorsed and accepted a creative option for defeating class certification-the defendant's implementation of … Continue reading

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