Extract to table

2d 257, 261 (1986) (lost profits must be "capable of proof with reasonable certainty")

This defense should be strong on the merits, but it turns on factual proof — specifically, carrier records, lane assignment data from Stonefield's TMS, and freight bills of lading — that must be developed and confirmed through discovery

Fourth, a renewed Motion to Dismiss would not, and could not, address Count II (the volume shortfall claim), which must be answered regardless