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A trial set to start today has been pushed back indefinitely due to an unresolved battle over whether Apple Inc should be involved in the case
By Lisa Henderson on 06 May 2024
The first civil trial for Travis Scott, Live Nation and others over their role in the 2021 disaster at the Astroworld music festival has been delayed.
Ten people died and hundreds more were injured during the fatal crowd crush at the 5 November 2021 festival at NRG Park in Houston, US.
A trial had been finally set to start on Monday (May 6) but proceedings have now been pushed back indefinitely due to an unresolved battle over whether Apple Inc., which filmed Scott’s Astroworld performance for an exclusive livestream, should be involved in the case.
In a ruling last Thursday (2 May), a Texas appeals court refused to let the case move forward until it can rule on the ongoing dispute over Apple’s involvement. It gave Apple until May 10 to file paperwork in the case.
Hundreds of people have sued over the Astroworld tragedy, collectively seeking billions in potential damages. After years of discovery and depositions, the first trial – a wrongful death case filed by family of Madison Dubiski, a 23-year-old who died at Astroworld – was due to start today.
“Allowing plaintiffs to pursue Apple under state tort law for exercising its free speech rights would have a significant chilling effect”
Apple was named as a defendant in many of those cases, including the one filed by the Dubiskis. The victims claim Apple directly contributed to the disaster with the placement of its equipment: “Apple’s role in the tragedy is straightforward: it reduced the available crowd space, when available space was a matter of life or limb.”
The tech giant has strongly denied those claims. In a motion last month demanding to be dismissed from the litigation, Apple argued that simply livestreaming the event doesn’t make the company liable for the disaster. The company said it had been filming the deadly event as a member of the media, meaning it was insulated from such lawsuits by the First Amendment.
“Allowing plaintiffs to pursue Apple under state tort law for exercising its free speech rights would have a significant chilling effect,” the company wrote last month in a motion. “Recognising such a legal duty in this case would be entirely unprecedented and would impose significant burdens on broadcasters and livestreamers that are frequently bystanders at events.”
In a ruling last month, Judge Kristen Hawkins denied that motion, leaving Apple to face the trial alongside Scott, Live Nation and the other defendants.
Subsequently, the tech giant filed an immediate appeal with a state appellate court seeking to overturn that ruling – a move that, under Texas state law, imposes an automatic pause on any upcoming trial proceedings.
“These free speech and free press issues warrant appellate resolution before Apple faces trial”
“Apple recognizes that the trial date is imminent and that both the court and all parties have devoted much time and effort to preparing the case for trial,” said Apple’s attorneys on Tuesday (30 April). “These free speech and free press issues warrant appellate resolution before Apple faces trial.”
Attorneys for Dubiski’s family criticised the move and, in a Wednesday (1 May) motion seeking to dismiss the appeal and stick to the trial date, they argued that Apple was no more shielded by the First Amendment than a Houston television station “whose news van negligently crashes into a pedestrian while covering a story”.
“The Dubiski family … have waited patiently for their day in court, only to watch Apple shamelessly seek to manipulate the system,” lawyers for the victim’s family wrote. “Litigation is not supposed to work this way. This court should promptly dismiss this appeal.”
But in an order late Thursday (2 May), the appeals court refused to unfreeze the case ahead of the planned trial date. Instead, it ordered Apple to respond by May 10 to the plaintiffs’ request to dismiss the case.
Last month, Travis Scott’s attempts to be removed from civil litigation were denied, however Drake, who appeared as a special guest during Scott’s headline set, was dismissed from the lawsuits.
Live Nation CEO Michael Rapino has also been ordered to give testimony in the suits brought against his company.
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