Law360, New York ( June 17, 2015, 11:29 AM EDT) -- Texas law is well-settled that lost profits can be recovered only when the amount can be proven with "reasonable certainty." A recent Supreme Court of Texas case has made clear that this requirement cannot be circumvented by seeking the lost "market value" of a venture that is determined based on lost profits. Instead, litigants should look to actual valuations made by participants in the marketplace to demonstrate a reasonably certain measure of damages in cases seeking lost market value....
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