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Rapper Drake and Apple file motions to dismiss Astroworld lawsuit

FILE - Travis Scott performs at Day 1 of the Astroworld Music Festival at NRG Park, Nov. 5, 2021, in Houston. The rap superstar was questioned on Monday, Sept. 18, 2023, in a deposition he is giving in connection with hundreds of lawsuits that were filed against him and others over the deaths and injuries at the 2021 Astroworld festival. (Photo by Amy Harris/Invision/AP, File) (Amy Harris, 2021 Invision)

HOUSTON – Earlier this month, Apple, who was responsible for live streaming the concert, and the rapper Drake, who performed alongside Travis Scott, filed motions seeking to be excluded from the lawsuit filed by victims of the 2021 Astroworld tragedy.

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The motions, which were filed in Harris County’s 11th Civil District Court to Judge Kristen Brauchle Hawkins, come as attorneys work to determine who’s to blame for the deadly concert that killed 10 people and injured several others.

As the first trial approaches in May, the plaintiffs and defendants, including Travis Scott, Live Nation, and ASM Global, are gearing up for a courtroom battle with their respective expert witnesses.

All parties involved in the case are under a gag order imposed by Judge Hawkins.

In the March 8 filing by Drake, his attorneys emphasized that the plaintiffs’ “meticulous complaint, developed over two years, did not attribute any direct actions or obligations to Drake that contributed to the disaster.” The attorney noted that Drake performed for a short duration and only took the stage after many injuries had already occurred, emphasizing that he was not involved in the festival’s planning and was simply an invitee, much like other festival attendees.

Apple Inc., in its March 11 filing, similarly denied involvement in the concert’s planning, stating that its role was “limited to Travis Scott’s performance, which was just one of many during the two-day event.” Apple criticized the plaintiffs’ “lack of evidence” to support their claim that the concert constituted a joint venture between the tech company and Scott. Additionally, Apple addressed a claim made by ASM that one of its livestream cameras may have obstructed the audience area, further reducing available space. Lawyers stated that Apple was contracted to livestream the concert on Nov. 2, 2021, three days before the show.

Now, nearly three years after the tragic incident, sources say Astroworld event planners were aware of overcrowding at the festival and failed to plan for it properly.

In an article published by the Houston Landing, the publication says the event’s safety director questioned crowding 10 days before the music festival.

Following the tragedy, Texas Gov. Greg Abbott formed a task force to study concert safety, and to recommend crowd control and security measures during mass gatherings.

The task force in April 2022 reported that people without tickets entered the outdoor festival area hours before the performances began, overwhelming staff and leading to injuries. It also concluded that the process for issuing permits for mass gatherings is inconsistent statewide.

The task force recommended creating a command center authorized to pause or cancel a show in response to safety concerns.

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