Among the most challenging aspects of commercial litigation for a plaintiff can be proving lost profits, particularly for a new business. As discussed below, many courts apply a reasonable certainty standard for proving lost profits, some apply a more stringent standard, and others do not allow new businesses to recover lost profits at all.
May 31, 2017 Articles
Proving Lost Profits for a New Business
Many courts apply a reasonable certainty standard for proving lost profits, some apply a more stringent standard, and others do not allow new businesses to recover lost profits at all.
By Katie Lasky and Kerry Murphy
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