Topic
Damages
1,005 published works
Bill Madden's Blog
Civil liability: The correct approach to loss of services claims in Compensation to Relatives Act 1897 (NSW) proceedings – Referral to Court of Appeal.
By Bill Madden
Griffiths v Nesbitt [2026] NSWSC 1247 (Link to Caselaw). On 26 July 2022, Leanne Griffiths, a mother of two daughters, died of cervical cancer at 49 years of age. Her…
San Antonio Employment Law Blog
Appeal of Groping Verdict
A Bexar County jury awarded $5 million to a female lawyer who had been groped at the courthouse. See my post about that trial here. Allan Manka appealed that verdict…
Kirakosian Law Blog
Why Two Hours in Custody Can Be Worth Six Figures: How Damages Work in a Civil Rights Case
My client Sky Miller was in custody for about two hours. He was never charged with a crime. The matter still resolved for $100,000. If your first reaction is that…
Bill Madden's Blog
Civil liability: Non-economic loss order indexation (NSW).
By Bill Madden
Civil Liability (Non-economic Loss) Order 2010 (Link to legislation). As from 1 October 2026, the maximum amount for damages for non-economic loss is $829,000. [BillMaddensWordpress #2594]
EJIL: Talk!
Runaway Interest in ISDS: Back to (Legal) Basics
By Toni Marzal
Until recently, it was fair to decry the lack of attention paid to how ISDS tribunals quantify compensation, against evidence of ballooning awards and the sometimes dizzying amounts involved. Today,…
Bill Madden's Blog
Civil liability: Intent to cause injury does not require specific injury (NSW).
By Bill Madden
Music v State of New South Wales; State of New South Wales v Music [2026] NSWCA 206 (Link to JADE). This note is drawn from the rather long case headnote.,…
Privacy Matters
UK: Scottish courts reaffirm threshold for GDPR damages claims
The UK GDPR establishes a robust framework for the protection of personal data, requiring organisations to give due regard to individuals' data protection rights. Importantly, it recognises that the consequences…
Bill Madden's Blog
Abuse: Claim against school groundskeeper.
By Bill Madden
VLS3 v Osborne [2026] NSWSC 1184 (Link to JADE). The Plaintiff brought proceedings against the State of New South Wales (Department of Education) as First Defendant and Rex Thomas Osborne…
New York Commercial Division Practice
Not All Damages Are Created Equal: What the First Department Reminds Litigators and Contract Drafters in Gamma v. Pavarini McGovern
By Leah Henry
In contract litigation, damages provisions often do more work than parties expect—and sometimes less than litigants later claim. The First Department’s decision in Gamma USA, Inc. v. Pavarini McGovern, LLC is a useful…
Austin Personal Injury Blog
How Much Compensation Can I Get After a Motorcycle Accident?
By Jason McMinn
After a motorcycle accident, you may face medical bills, lost income, and damage to your bike. You may also have pain that makes daily life harder. If someone else caused…