The start of the first civil trial stemming from the 2021 Astroworld festival, where 10 people were killed in a stampede, has been postponed.
Jury selection begins next Tuesday in the wrongful death lawsuit filed by the family of Madison Dubiski, a 23-year-old Houston resident who was killed during a crowd shove at rap superstar Travis’ concert on November 5, 2021. It was planned. Scott.
Texas rapper Travis Scott narrowly escapes charges related to 2021 Astroworld crowd clash
But Apple, one of more than 20 defendants scheduled to go on trial next week, filed an appeal this week, automatically delaying the start of jury selection.
“As long as I hear otherwise, the trial will be halted,” state District Judge Kristen Hawkins said during Thursday’s court hearing.
Travis Scott performs at Astroworld Music Festival in Houston on November 5, 2021. The start of the first civil trial stemming from the 2021 Astroworld festival, where 10 people were killed in a crowd surge, has been postponed. Jury selection is scheduled to begin on Tuesday, May 7, 2024 in the wrongful death lawsuit brought by the family of Madison Dubiski, 23, of Houston, who was killed in a crowd surge at Scott’s concert in November 2021. was. (Photo by Amy Harris/Invision/AP)
Apple, which livestreamed Scott’s concert, is appealing Hawkins’ ruling that denied the company’s motion to dismiss the lawsuit. Apple argued that it could appeal Hawkins’ decision under Texas law because some of its defense claims were made as part of the electronic media.
Apple argues that by livestreaming Scott’s concert, it was acting as a member of the electronic media and that its actions merited free speech protections.
“Our position remains that our actions are protected by the First Amendment,” Kent Rutter, one of Apple’s lawyers, told Hawkins during Thursday’s court hearing.
Hawkins said she was notified just before the hearing ended that the appeals court had denied a request by attorneys for Dubisky’s family to lift the stay earlier Thursday.
Jason Itkin, one of Dubisky’s family attorneys, said he plans to appeal the denial, possibly all the way to the Texas Supreme Court.
Lawyers for Dubisky’s family argued that her death was caused by poor planning and a lack of concern for the event’s capacity. Her lawyers argue that the way Apple placed cameras around the concert venue influenced the installation of barriers and reduced the available crowd space beside the main stage.
Rutter claimed he was broadcasting an event of “significant public interest” and in doing so was acting as a member of the media and gathering news.
Itkin said Apple’s business records describe itself as a company that makes smartphones and computers, but doesn’t mention news or reporting. He added that the company’s Apple News app is a subscription service that aggregates articles from other news organizations.
“This is not a free speech issue, and they know that,” Itkin said.
During the hearing, Hawkins seemed skeptical of Apple’s claim to be part of the electronic media, asking Rutter if a livestream set up to observe animals at a zoo would make the news. .
“Yes, you’re right,” said Mr. Rutter.
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After the concert, more than 4,000 plaintiffs filed hundreds of lawsuits. Mr. Dubisky’s case had been selected by litigation attorneys to be the first case to go to trial. More than 20 defendants, including Scott, Apple and festival promoter Live Nation, were scheduled to go on trial Tuesday.
Following a police investigation, a grand jury last year declined to indict Scott, along with five others connected to the festival.
