Live Nation CEO Michael Rapino must be deposed in the ongoing litigation over the 2021 disaster at the Astroworld music festival, the Texas Supreme Court says.
In a ruling last week, the high court denied Live Nation’s petition seeking to stop the deposition, rejecting its arguments that victims were simply seeking to depose the executive in order to “harass Live Nation and to coerce settlements.”
The Oct. 15 ruling, which left in place a trial judge’s decision this summer forcing Rapino to testify, came nearly three years after the 2021 incident, in which a crowd crush during Travis Scott’s headlining set left 10 dead and hundreds injured.
The disaster spawned hundreds of lawsuits against Live Nation, Scott and others, collectively seeking billions of dollars in damages. Many of those cases have since settled on private terms, but some victims are still moving toward a jury trial. A so-called bellwether trial had been scheduled to start this week but was pushed back to February after more settlements were reached.
In seeking to block Rapino’s deposition, Live Nation’s attorneys argued that he was the kind of top-level “apex” executive who can’t typically be dragged into court cases. They said he was far removed from actual decision-making and was “not involved in the festival”, meaning he didn’t have any unique information for the lawsuit that couldn’t be gleaned from other sources.
“Mr. Rapino’s only connection to the festival was as Live Nation’s ultimate executive,” the company’s lawyers wrote. “Any knowledge he may possess was obtained from others who have knowledge superior to his own.”
But attorneys for victims argued that Rapino had played a more direct role in the operations of Astroworld than Live Nation was letting on. Among other evidence, they cited an email Rapino sent on the night of the disaster, instructing Live Nation’s festival director to wait for more information about the death toll before canceling the rest of the festival. “If 5 died we would cancel,” he wrote in the message.
“Remarkably, Live Nation claims that Rapino was not the decisionmaker on whether to cancel the Festival,” the lawyers for the victims wrote. “This email proves otherwise, and plaintiffs want an opportunity to examine Rapino about it.”
Following last week’s ruling, it’s unclear when Rapino’s deposition will take place. A spokesperson for Live Nation did not immediately return a request for comment on the court’s order.