Sydney court postpones extradition hearing of former US military pilot
Legal Events
A Sydney court on Monday postponed an extradition hearing for a former U.S. military pilot accused of illegally training Chinese aviators until May as his lawyers attempt to further build their case.
Boston-born Dan Duggan, 55, was scheduled to fight his extradition to the United States at a Nov. 23 hearing in the downtown Downing Center Local Court.
But a magistrate decided to use that date to rule on what additional information that the Australian defense department and security agencies should provide defense lawyers.
U.S. lawyer Trent Glover told the court the United States was ready to proceed with the extradition, but had agreed with defense lawyers the hearing should take place after November.
Duggan’s lawyer, Dennis Miralis, told reporters outside court that the stakes were high for his client, who faces up to 65 years in prison if convicted.
“This is existential, which means that every right that Dan has under the Australian legal system on the basis that he’s presumed innocent ... needs to properly and carefully be considered,” Miralis said.
Duggan’s wife, Saffrine, has said she asked Australian Prime Minister Anthony Albanese to advocate against the extradition when he meets President Joe Biden in Washington this week.
But in a news conference on Sunday before departing for the United States, Albanese said Duggan, who became an Australian citizen in 2012, was not on the agenda of his meetings with U.S. officials.
“I don’t discuss things that are legal matters on the run, nor should I,” Albanese told reporters.
Duggan has been in custody since Oct. 21 last year when he was arrested near his home in Orange, New South Wales.
Related listings
-
Biden faces more criticism about the US-Mexico border, one of his biggest problems
Legal Events 10/07/2023The ad sounds like something out of the GOP 2024 playbook, trumpeting a senator’s work with Republicans to crack down on the flow of fentanyl and other illegal drugs into the U.S., getting tough on Chinese interests helping smugglers, and notin...
-
Progressive Councilmember Freddie O’Connell wins Nashville mayor’s race
Legal Events 09/22/2023Freddie O’Connell, a progressive member of Nashville’s metro council, has resoundingly won the race to become the next mayor of the Democratic-leaning city, according to unofficial results.Results from the Davidson County Election Commiss...
-
Bankruptcy Filings Rise 10%, and Courts Feel the Pinch
Legal Events 08/02/2023Personal and business bankruptcy filings rose 10 percent in the twelve-month period ending June 30, 2023, compared with the previous year. Bankruptcy totals are reported four times annually by the U.S. government.According to statistics release...
Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.