As a Tennessee attorney, do you fully understand how lost profits can be recovered as damages? How can you meet the burden of proof with absolute certainty? What is the "best evidence"in a case to prove lost profits?
Get the answers to these questions and much, much more when you participate in the all-new Tennessee Attorneys Memo audio conference, Recovering Lost Profits in Tennessee: Prove, Calculate, and Award.
Your speaker will cover:
- Calculating net profits
- Net, not gross profits
- Fixed overhead expenses
- Net profits of professional corporations and Subchapter S corporations - Proving lost profits
- Reasonable certainty
- Offers from customers
- Plaintiff’s testimony alone
- Business records
- Testimony of persons other than plaintiff or plaintiff’s customers - Option contracts
- Loss of profits that could have been mitigated except for plaintiff’s lack of funds
- Recovery of lost profits by individuals in personal injury cases
- Lost profits not recoverable in personal injury cases
- Admissibility of evidence of lost profits in personal injury cases
In just 60 minutes, your speaker will also look at recent court decisions surrounding the recovery of lost profits, such as:
* Waggoner Motors Inc. v. Waverly Church of Christ - 159 S.W.3d 42 (Tenn.App. 2004). An award of lost profits was affirmed after an automobile dealer’s vehicles were damaged by paint overspray from the defendant’s construction project on adjacent property.
* General Construction Contractors Association Inc. v. Greater St. Thomas Baptist Church - 107 S.W.3d 513 (Tenn.App. 2002). An award of lost profits was reversed when the plaintiff’s claim of expected profits was based on conjecture.
* Baker v. Hooper - 50 S.W.3d 463 (Tenn.App. 2001). A trial court’s refusal to award lost profits was affirmed when the plaintiff relied on tax documents showing gross profit, but did not include portions of tax returns setting forth expenses.
Recovering Lost Profits in Tennessee: Prove, Calculate, and Award
is just $97.


