Although the concept of reasonable certainty in the computation of damages has remained universally undefined, there are several tools available to assist practitioners and damages experts in establishing this necessary factor for admissibility. First, there is the federal rule itself, Rule 702, which lists several standards. Next, there are numerous judicial pronouncements with regard to the standards in Rule 702. Finally, Judge Posner recently expounded on these standards and provided three tests that should be met before damages evidence can be considered reasonably certain for the purpose of admission.
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