American Diamond Exchange, Inc. v. Scott Alpert

Summary

The court held that the defendant could challenge the sufficiency of the evidence supporting lost-profit damages because that issue had not been adjudicated before the first appeal. It further held that the plaintiff failed to prove its lost profits with reasonable certainty, relying primarily on uncorroborated testimony and lacking transaction-specific or documentary evidence. The damages judgment was reversed, the case was remanded for judgment in favor of the defendant, and the related reserved appeal was dismissed.