I will draft consequential damages and lost profits legal arguments
Licensed U S Attorney Contract Damages And Commercial Litigation Specialist
About this Gig
Proving or defeating lost profit claims is one of the highest hurdles in commercial litigation. Under U.S. law, consequential damages require concrete proof of foreseeability, proximate causation, and reasonable certainty. I am Casey Havens Mangan, a licensed U.S. attorney (Bar No. #333033).
I draft persuasive legal arguments that satisfy strict judicial standardsor systematically dismantle speculative damages claims asserted by opposing counsel.
Services Include:
- Foreseeability & Notice Arguments (Hadley v. Baxendale and modern state codifications)
- Reasonable Certainty Analysis for established vs. unestablished businesses
- Motions in Limine to exclude speculative or unprovable economic claims
- Legal rebuttals centered on the failure to mitigate damages
- Interpretation and enforcement of consequential damage waivers and limitations of liability
Protect your bottom line with trial-tested legal analysis. Send me your case details to initiate your project.
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Field of law:
Business (corporate)
Target country:
United States
Legal consulting Gigs are not screened
Please note that there is no screening process for this service. We recommend that you message the freelancer and check all necessary details before placing your order. Pro freelancers in this category have gone through a vetting process. You can find more details here.
FAQ
How do courts determine if lost profits are recoverable?
Courts require that lost profits were foreseeable at contracting, directly caused by the breach, and provable with reasonable certainty rather than speculation.
Can you help defend against exaggerated lost profits claims?
Yes. I specialize in attacking speculative damages, highlighting lack of historical track record, and enforcing limitation of liability clauses.
Does this gig include expert witness evaluations?
I prepare the legal framework and evidentiary arguments required to support or strike economic expert methodologies under Daubert or Frye standards.
What if the contract contains a waiver of consequential damages?
I evaluate the enforceable scope of the clause, exceptions under state law, and whether unconscionability or gross negligence voids the limitation.
What materials are needed to begin?
Please provide the operative contract, correspondence outlining notice of special circumstances, and relevant financial metrics.

