2 weeks ago
The commencement of nan first civilian proceedings stemming from nan 2021 Astroworld festival, astatine which 10 group were killed successful a crowd surge, has been delayed.
Jury action had been group to statesman adjacent Tuesday successful nan wrongful-death suit revenge nan family of Madison Dubiski, a 23-year-old Houston resident who was killed during nan crowd crush astatine nan Nov. 5, 2021, performance by rap superstar Travis Scott.
TEXAS RAPPER TRAVIS SCOTT NARROWLY ESCAPES CHARGES RELATED TO 2021 ASTROWORLD CROWD CRUSH DISASTER
But Apple Inc., 1 of nan much than 20 defendants going to proceedings adjacent week, revenge an entreaty this week, automatically delaying nan commencement of assemblage selection.
"Unless I perceive differently, nan proceedings is stayed," authorities District Judge Kristen Hawkins said during a tribunal proceeding Thursday.
Travis Scott performs astatine nan Astroworld Music Festival successful Houston, Nov. 5, 2021. The commencement of nan first civilian proceedings stemming from nan 2021 Astroworld festival, astatine which 10 group were killed successful a crowd surge, has been delayed. Jury action had been group to statesman Tuesday, May 7, 2024, successful nan wrongful-death suit revenge by nan family of Madison Dubiski, a 23-year-old Houston resident who was killed during nan crowd crush astatine Scott's November 2021 concert. (Photo by Amy Harris/Invision/AP)
Apple, which livestreamed Scott’s concert, is appealing a ruling by Hawkins that denied nan company’s mobility to beryllium dismissed from nan case. Apple has based on that nether Texas law, it tin entreaty Hawkins’ ruling because its defense claims are being made successful portion arsenic a personnel of nan physics media.
Apple is arguing that successful livestreaming Scott’s concert, it was acting arsenic a personnel of nan physics media and its actions merit free reside protection.
"It remains our position that our behaviour is protected by nan First Amendment," Kent Rutter, 1 of Apple’s attorneys, told Hawkins during a tribunal proceeding Thursday.
Just earlier nan proceeding ended, Hawkins said she had been notified that nan appeals tribunal earlier Thursday had denied a petition by nan lawyers for Dubiski's family to assistance nan stay.
Jason Itkin, 1 of nan attorneys for Dubiski’s family, said he planned to entreaty that denial, apt up to nan Texas Supreme Court.
Lawyers for Dubiski’s family person alleged that her decease was caused by negligent readying and a deficiency of interest complete capacity astatine nan event. Her lawyers allege that really Apple placed its cameras astir nan performance tract affected nan placement of barriers and reduced disposable crowd abstraction by nan main stage.
Rutter based on that it was broadcasting an arena "with important nationalist interest" and that by doing so, it was acting arsenic a personnel of nan media and gathering news.
Itkin said Apple has described itself successful business records arsenic a institution that makes smartphones and computers but doesn’t mention news aliases news reporting. He added that nan company’s Apple News app is simply a subscription work that aggregates nan stories of different news organizations.
"This is not a free reside case. They cognize that," Itkin said.
During nan hearing, Hawkins appeared skeptical astir Apple’s claims astir being a personnel of nan physics media, asking Rutter that if a livestream were group up successful a zoo to watch animals, would that beryllium news.
"Yes, it would be," Rutter said.
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Over 4,000 plaintiffs revenge hundreds of lawsuits pursuing nan concert. Dubiski’s lawsuit had been chosen by attorneys successful nan litigation to beryllium nan first to spell to trial. More than 20 defendants, including Scott, Apple and Live Nation, nan festival’s promoter, had been group to spell connected proceedings Tuesday.
Following a constabulary investigation, a expansive assemblage past twelvemonth declined to indict Scott, on pinch 5 others connected to nan festival.
