HOUSTON (AP) 鈥 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 next Tuesday in the wrongful-death lawsuit filed the family of , a 23-year-old Houston resident who was killed during the crowd crush at the Nov. 5, 2021, concert by rap superstar .
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.
鈥淯nless I hear differently, the trial is stayed,鈥 state District Judge Kristen Hawkins said during a court hearing Thursday.
Apple, which livestreamed Scott鈥檚 concert, is appealing a ruling by Hawkins that denied the company鈥檚 motion to be dismissed from the case. Apple has argued that under Texas law, it can appeal Hawkins鈥 ruling because its defense claims are being made in part as a member of the electronic media.
Apple is arguing that in livestreaming Scott鈥檚 concert, it was acting as a member of the electronic media and its actions merit free speech protection.
鈥淚t remains our position that our conduct is protected by the First Amendment,鈥 Kent Rutter, one of Apple鈥檚 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鈥檚 family, said he planned to appeal that denial, likely up to the Texas Supreme Court.
Lawyers for Dubiski鈥檚 family have alleged that her death was caused by negligent planning and a lack of concern over capacity at the event. Her lawyers allege that how Apple placed its cameras around the concert site affected the placement of barriers and reduced available crowd space by the main stage.
Rutter argued that it was broadcasting an event 鈥渨ith significant public interest鈥 and that by doing so, it was acting as a member of the media and gathering news.
Itkin said Apple has described itself in business records as a company that makes smartphones and computers but doesn鈥檛 mention news or news reporting. He added that the company鈥檚 Apple News app is a subscription service that aggregates the stories of other news organizations.
鈥淭his is not a free speech case. They know that,鈥 Itkin said.
During the hearing, Hawkins appeared skeptical about Apple鈥檚 claims about being a member of the electronic media, asking Rutter that if a livestream were set up in a zoo to watch animals, would that be news.
鈥淵es, it would be,鈥 Rutter said.
Over 4,000 plaintiffs filed hundreds of lawsuits following the concert. Dubiski鈥檚 case had been chosen by attorneys in the litigation to be the first to go to trial. More than 20 defendants, including Scott, Apple and Live Nation, the festival鈥檚 promoter, had been set to go on trial Tuesday.
, a declined to indict Scott, along with five others connected to the festival.
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