Extract to table

Vantor's damages, to the extent any are found to exist, must be reduced by the amount that could have been avoided through the exercise of reasonable mitigation efforts

1 and must be excluded from any recovery

To the extent Vantor pursues both claims, it must elect between them; it cannot recover both

Under New York law, lost profits must be established with a reasonable degree of certainty and may not be based on speculation, conjecture, or surmise

lacks standing to assert claims under the TSA, or is not the real party in interest under Federal Rule of Civil Procedure 17(a), its claims must be dismissed