Lanphere Enterprises Inc. v. Jiffy Lube International Inc.

MEMORANDUM *

Lanphere Enterprises (“Lanphere”) brought an action against Jiffy Lube International (“Jiffy Lube”) for unlawful trade practices and intentional interference with existing or prospective business relations on the basis of certain Jiffy Lube radio advertisements. Lanphere alleged that the radio ads contained false statements that were disparaging to Lanphere and that, but for the ads, some consumers would have purchased oil change services from Lanphere instead of from Jiffy Lube. Lanphere appeals the district court’s summary judgment in favor of Jiffy Lube and assigns particular error to the district court’s exclusion of expert testimony, reports, and surveys offered in opposition to Jiffy Lube’s summary judgment motion. In addition, both parties challenge the district court’s award of attorney’s fees to Jiffy Lube. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Lanphere first challenges the district court’s exclusion of its expert testimony, reports, and surveys. The district court excluded Lanphere’s surveys because it concluded they were irrelevant and, to the degree they were marginally relevant, their relevance was substantially…