Extract to table

A liquidated damages clause is enforceable only if: (1) the liquidated amount is a reasonable estimate of the anticipated or probable damages at the time of contracting; and (2) actual damages must have been difficult to ascertain at the time of contracting

The Complaint Fails to Plead Lost Profits with Requisite Certainty Under New York law, lost profits must be pled — and ultimately proven — with reasonable certainty

Although the standard for pleading lost profits is not identical to the standard for proving them at trial, a complaint must nonetheless provide sufficient factual content to make the lost profits claim plausible — not merely possible