Live Nation is aggressively trying to block CEO Michael Rapino from being charged in court over the deadly stampede at the Astroworld festival, and the live music giant is hoping the Texas Supreme Court will back its efforts.
While all wrongful death lawsuits were settled earlier this year, lawsuits related to hundreds of attendees who were injured at the show remain active. The Astroworld District Court first granted a request for Rapino to testify last April, and Live Nation went to the Court of Appeals to appeal that decision. The appeal was dropped after a lawyer for the Astroworld plaintiffs’ liaison withdrew the testimony when the wrongful death cases were settled. However, by late June, another date had been set for the remaining plaintiffs to testify. Live Nation appealed again, escalating the matter to the Supreme Court last month.
The company alleged in the appeal that Rapinoe “played no role in the 2021 Astroworld Festival” and that he “had no ‘unique or superior personal knowledge’ relevant to any claim or defense.” The news was first reported by Puck.
“Mr. Rapino did not attend the festival or visit its grounds,” Live Nation’s attorneys wrote in the appeal. “He relied on others, who had superior knowledge of the festival, to carry out his duties. Following the festival, Mr. Rapino’s communications were limited to what was necessary for him to perform his duties as CEO of Live Nation.”
However, the plaintiffs responded to Live Nation’s petition last week, arguing that “Rapino’s personal involvement was key to the creation of the festival.” The plaintiffs wrote that Rapino was a key figure in the booking of Travis Scott in 2018 and 2019, and also alleged that “Rapino was aware of Scott’s dangerous behavior at concerts.
“Rapino’s personal involvement in the 2021 festival should be evaluated in light of his years of experience with Scott,” the plaintiffs’ attorney wrote.
The plaintiffs’ response referenced some of the crowd-rushing details that were first detailed in an extensive Houston police report on the incident released in 2023. The response refers to an ominous message sent by a security worker named Reese Wheeler to Chief Security Officer Shawna Boardman, saying, “I want to put it on record that I did not recommend this continue. Someone is going to end up dead.”
The response also referred to an email Rapinoe sent to Live Nation CEO Brad Wavra in the immediate aftermath of the crowd surge, after Wavra emailed him indicating that authorities had not canceled Day 2 but noted multiple heart attacks and “5 known deaths.” [sic] “Dead” and asked if the show was on Saturday or not.
The email read: “Let’s wait for confirmation of the deaths once a statement is issued, and we can make a decision. If five people die, we will cancel the flight.
“It is surprising that Live Nation claims that Rapinoe did not make the decision to cancel the festival,” the plaintiffs’ attorney wrote. “But this email proves otherwise, and plaintiffs want the opportunity to question Rapinoe about this matter.”
The attorney also pointed to a private conversation between Scott and Rapinoe after the festival, noting that Scott had spoken about it during his testimony last year. He described that conversation as “central to the need for his testimony,” noting that “Scott testified about that conversation, but Rapinoe’s account remains a mystery.
“This is not a case where the CEO merely received business reports and had ultimate policy authority,” the plaintiffs’ attorneys wrote. “This is a case where the witness has unique knowledge of key facts; there is no other way to discover those facts.”
Last week, Live Nation asked the court to give it until August 30 to issue a response to the plaintiffs. Regarding Rapinoe’s email, a company representative said the email “shows Michael Rapinoe is doing what we hope any CEO would do: confirming that if there are deaths, the second show will be canceled.”
The Astroworld fallout is just one major legal action. The living nation is The company is currently in trouble. The Justice Department filed a shocking complaint against the company in May, accusing it of operating as a monopoly and calling for the breakup of Live Nation and Ticketmaster 14 years after their 2010 merger. Ten more states joined the suit as plaintiffs earlier this month. Live Nation has consistently denied the monopoly allegations.
