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

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.

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