The start of the first civil trial stemming from the 2021 Astroworld Festival, at which 10 people were killed in a crowd surge, has been delayed.
Jury selection had been set to begin Tuesday, May 7 in the wrongful-death lawsuit filed the family of Madison Dubiski, a 23-year-old Houston resident who was killed during the crowd crush at the Nov. 5, 2021, concert by rap superstar Travis Scott.
But Apple Inc., one of the more than 20 defendants going to trial next week, filed an appeal this week, automatically delaying the start of jury selection.
“Unless I hear differently, the trial is stayed,” state District Judge Kristen Hawkins said during a court hearing Thursday, May 2.
Apple, which livestreamed Scott’s concert, is appealing a ruling by Hawkins that denied the company’s motion to be dismissed from the case. Apple has argued that under Texas law, it can appeal Hawkins’ ruling because its defense claims are being made in part as a member of the electronic media.
Apple is arguing that in livestreaming Scott’s concert, it was acting as a member of the electronic media and its actions merit free speech protection.
“It remains our position that our conduct is protected by the First Amendment,” Kent Rutter, one of Apple’s attorneys, told Hawkins during a court hearing Thursday.
Just before the hearing ended, Hawkins said she had been notified that the appeals court earlier Thursday had denied a request by the lawyers for Dubiski’s family to lift the stay.
Jason Itkin, one of the attorneys for Dubiski’s family, said he planned to appeal that denial, likely up to the Texas Supreme Court.
See here and here for some background, and here for an earlier Chron story about Apple’s last-minute appeal. This is going to be complicated, with all that legal paper flying around, and it could be over in days or it could drag on for weeks and months. I’ll keep an eye on it. Houston Landing has more.
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