"Reasonable Certainty" Remains Uncertain

Friday, May 17, 2013

Many legal and financial practitioners are facing increasing challenges on whether alleged damages have been proven with reasonable certainty. This article explores the theoretical and practical considerations of reasonable certainty.

Achieving reasonable certainty as to the calculation of damages is a critical goal in any matter for which damages are to be proven. If a party cannot demonstrate that their damages calculations are reasonably certain, the court is obligated to exclude the testimony. Without this testimony, even successful proof on liability may lead to an award of no damages.

Butzel Long Shareholder Regina Alter and Neil Steinkamp, Managing Director in the Dispute Advisory & Forensic Services Group at Stout Risius Ross discuss the increasing challenges on whether alleged damages have been proven with reasonable certainty.

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