This question has been addressed in 1 Texas court opinion:
COA14 — January 29, 2026
In Graybar Electric Company, Inc. v. Buying Power, Inc., the Fourteenth Court of Appeals addressed whether a business expert's model for lost profits was too speculative to be legally sufficient. Buying Power sued Graybar for breach of contract, and their expert calculated damages using Graybar's actual historical sales to specific customers. Graybar argued the model was based on the unfounded assumption that they would have accepted every order and that the contract itself was an unenforceable 'agreement to agree.' The court affirmed the trial court's judgment, holding that the expert’s reliance on objective historical data and the parties' expressed contractual intent provided the 'reasonable certainty' required by law.
Litigation Takeaway
“When valuing a business or proving 'waste' of community assets in a divorce, expert testimony is legally sufficient if it is tethered to objective historical data and the expressed intent found in business contracts, even if the business owner claims future performance was discretionary.”