In Nevada, to be eligible for the remedy of lost profits, one must prove:
- Evidence of lost profits must not be speculative; and
- Evidence must show with reasonable certainty both the occurrence and extent of lost profits.
Dobbs Law of Remedies at § 12.62(2); El Ranco, Inc. v. First Nat’l Bank, 406 F.2d 1205 (9th Cir. 1968) (The existence and extent of lost profits is one of evidentiary weight instead of admissibility); Bader v. Cerri, 96 Nev. 352, 609 P.2d 314 (1980); Eaton v, J. H., Inc., 94 Nev. 446, 450, 581 P.2d 14, 17 (1978). Houston Exploration Inc. v. Meredith, 728 P.2d 437 (1986) (expert testimony regarding the lost profits of a new venture must be allowed to go to the jury, which will determine the weight to be assigned such testimony); Hughes v. Hobson, 92 Nev. 683, 558 P.2d 543 (1976) (damages based on the prospective profits of a new business venture are too uncertain and speculative to form a basis for recovery).
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.