9 of 10 wrongful death suits over Astroworld concert crowd surge have been settled, lawyer says

posted in: News | 0

By JUAN A. LOZANO (Associated Press)

HOUSTON (AP) — Nine of the 10 wrongful death lawsuits filed after a deadly crowd surge at the 2021 Astroworld music festival have been settled, including one that was set to go to trial this week, an attorney said Wednesday.

Jury selection had been set to begin Tuesday in the wrongful death suit filed the family of Madison Dubiski, a 23-year-old Houston resident who was one of 10 people killed during the crowd crush at the Nov. 5, 2021, concert by rap superstar Travis Scott.

But Neal Manne, an attorney for Live Nation, the festival’s promoter and one of those being sued along with Scott, said during a court hearing Wednesday that only one wrongful death lawsuit remained pending and the other nine have been settled, including the one filed by Dubiski’s family.

Noah Wexler, an attorney for Dubiski’s family, confirmed during the court hearing that their case “is resolved in its entirety.”

Terms of the settlements were confidential and attorneys declined to comment after the court hearing because of a gag order in the case.

The one wrongful death lawsuit that remains pending was filed by the family of 9-year-old Ezra Blount, the youngest person killed during the concert. Attorneys in the litigation were set to meet next week to discuss when the lawsuit filed by Blount’s family could be set for trial.

“This case is ready for trial,” Scott West, an attorney for Blount’s family, said in court.

But Manne said he and the lawyers for other defendants being sued were not ready.

State District Judge Kristen Hawkins said she planned to discuss the Blount case at next week’s hearing along with potential trials related to the injury cases filed after the deadly concert.

Hawkins said that if the Blount family’s lawsuit is not settled, she is inclined to schedule that as the next trial instead of an injury case.

More than 4,000 plaintiffs filed hundreds of lawsuits after the concert. Manne said about 2,400 injury cases remain pending.

The announcement that nearly all of the wrongful death lawsuits have been settled came after the trial in Dubiski’s case was put on hold last week. Apple Inc., which livestreamed Scott’s concert and was one of the more than 20 defendants being sued by Dubiski’s family, had appealed a court ruling that denied its request to be dismissed from the case. An appeals court granted Apple a stay in the case.

In the days after the trial stay, attorneys for Dubiski’s family settled their lawsuit with all the defendants in the case, including Apple, Scott and Live Nation, the world’s largest live entertainment company.

At least four wrongful death lawsuits had previously been settled and announced in court records. But Wednesday was the first time that lawyers in the litigation had given an update that nine of the 10 wrongful death lawsuits had been resolved.

Lawyers for Dubiski’s family as well as attorneys representing the various other plaintiffs have alleged in court filings that the deaths and hundreds of injuries at the concert were caused by negligent planning and a lack of concern over capacity and safety at the event.

Those killed, who ranged in age from 9 to 27, died from compression asphyxia, which an expert likened to being crushed by a car.

Scott, Live Nation and the others who’ve been sued have denied these claims, saying safety was their No. 1 concern. They said what happened could not have been foreseen.

After a police investigation, a grand jury last year declined to indict Scott, along with five others connected to the festival.

___

Follow Juan A. Lozano: https://twitter.com/juanlozano70

Georgia appeals court agrees to review ruling allowing Fani Willis to stay on Trump election case

posted in: Politics | 0

By KATE BRUMBACK (Associated Press)

ATLANTA (AP) — A Georgia appeals court on Wednesday agreed to review a lower court ruling allowing Fulton County District Attorney Fani Willis to continue to prosecute the election interference case she brought against former President Donald Trump.

Trump and some other defendants in the case had tried to get Willis and her office removed from the case, saying her romantic relationship with special prosecutor Nathan Wade created a conflict of interest. Superior Court Judge Scott McAfee in March found that no conflict of interest existed that should force Willis off the case, but he granted a request from Trump and the other defendants to seek an appeal of his ruling from the Georgia Court of Appeals.

That intermediate appeals court agreed on Wednesday to take up the case. Once it rules, the losing side could ask the Georgia Supreme Court to consider an appeal.

Trump’s lead attorney in Georgia, Steve Sadow, said in an email that the former president looks forward to presenting arguments to the appeals court as to why the case should be dismissed and why Willis “should be disqualified for her misconduct in this unjustified, unwarranted political persecution.”

A spokesperson for Willis declined to comment on the Court of Appeals decision to take up the matter.

The appeals court’s decision to consider the case seems likely to cause a delay in a case and further reduce the possibility that it will get to trial before the November general election, when Trump is expected to be the Republican nominee for president.

In his order, McAfee said he planned to continue to address other pretrial motions “regardless of whether the petition is granted … and even if any subsequent appeal is expedited by the appellate court.” But Trump and the others could ask the Court of Appeals to stay the case while the appeal is pending.

McAfee wrote in his order in March that the prosecution was “encumbered by an appearance of impropriety.” He said Willis could remain on the case only if Wade left, and the special prosecutor submitted his resignation hours later.

The allegations that Willis had improperly benefited from her romance with Wade resulted in a tumultuous couple of months in the case as intimate details of Willis and Wade’s personal lives were aired in court in mid-February. The serious charges in one of four criminal cases against the Republican former president were largely overshadowed by the love lives of the prosecutors.

Trump and 18 others were indicted in August, accused of participating in a wide-ranging scheme to illegally try to overturn his narrow 2020 presidential election loss to Democrat Joe Biden in Georgia.

All of the defendants were charged with violating Georgia’s Racketeer Influenced and Corrupt Organizations, or RICO, law, an expansive anti-racketeering statute. Four people charged in the case have pleaded guilty after reaching deals with prosecutors. Trump and the others have pleaded not guilty.

Trump and other defendants had argued in their appeal application that McAfee was wrong not to remove both Willis and Wade, writing that “providing DA Willis with the option to simply remove Wade confounds logic and is contrary to Georgia law.”

The allegations against Willis first surfaced in a motion filed in early January by Ashleigh Merchant, a lawyer for former Trump campaign staffer and onetime White House aide Michael Roman. The motion alleged that Willis and Wade were involved in an inappropriate romantic relationship and that Willis paid Wade large sums for his work and then benefitted when he paid for lavish vacations.

Willis and Wade acknowledged the relationship but said they didn’t begin dating until the spring of 2022, after Wade was hired in November 2021, and their romance ended last summer. They also testified that they split travel costs roughly evenly, with Willis often paying expenses or reimbursing Wade in cash.

Downtown St. Paul’s Lowry Apartments, Gray Duck Tavern for sale

posted in: News | 0

Days after putting up for sale their entire portfolio of commercial buildings in downtown St. Paul, Madison Equities has placed the century-old Lowry Apartments on Wabasha Street on the market without a specific asking price.

The listing for the 134-unit apartment building was published Tuesday by Marcus & Millichap. The 11-story building, which opened in 1928 and underwent a $13 million renovation a decade ago, houses the popular Gray Duck Tavern and the Ramsey County Attorney’s offices in two ground-floor retail spaces. The listing indicates there’s space in the building to add an additional five residential units.

The building, connected by skyway to City Hall at 345 Wabasha St. N., has an estimated market value of $9.5 million. The late Jim Crockarell, the Madison Equities principal who purchased the Lowry in 2012 for $4.8 million, once envisioned opening a rooftop restaurant.

The Oz, a former basement disco club that opened in the Lowry on Valentine’s Day in 1979, was once dubbed one of the most popular hangouts in downtown St. Paul, with clientele including famed writers and politicians. Producer Steven Greenberg and sound engineer David Rivkin used the venue to repeatedly test their mix of the 1980 hit song “Funkytown” by Lipps Inc.

After Crockarell’s renovations, dozens of apartments were used as student housing for the McNally Smith College of Music until the school closed in 2017.

Crockarell died in January, leaving the fate of his real estate holdings in question. Madison Equities, believed to be the largest property owner in downtown St. Paul, placed 10 properties on the market for sale together last week, including six downtown office buildings, two parking ramps, the Handsome Hog restaurant on Selby Avenue and the empty lot next to it.

The office buildings include some of downtown St. Paul’s oldest, tallest and most iconic commercial real estate — the First National Bank building, the U.S. Bank building, Alliance Center, the Empire Building, 375 Jackson Square and Park Square Court. The company has not set an asking price, and has reserved the right to sell properties individually as buyers come forward, though they’ve advertised a preference for selling all the commercial buildings together.

Related Articles

Business |


A look at the 10 Madison Equities properties for sale in downtown St. Paul

Business |


The Arts Partnership to host four free concert screenings in Rice Park

Business |


Downtown developers, advocates weigh in on Madison Equities selling St. Paul properties

Business |


St. Paul’s Union Depot to receive historic locomotive visitor on Final Spike Anniversary Steam Tour

Business |


Madison Equities selling prominent downtown St. Paul holdings, including 1st Nat’l Bank building

Stephen Mihm: Comparing Gaza protests to the ’60s is wrong — and dangerous

posted in: Society | 0

As the pro-Palestinian protests on colleges and universities across the United States have spread, some commentators have taken to comparing current events to the late 1960s. It’s a tempting analogy: protests in an earlier era, often defined by violent clashes with police; and the same thing today. History is simply repeating itself.

No. The recent demonstrations are nothing compared to what happened in the 1960s, when sustained, mass protests — powered by a formidable alliance of increasingly radical activist groups — convulsed colleges and universities across the United States for nearly 10 years. Confusing a few weeks worth of protests with the events of an entire decade is not only bad history, but could well lead to needless tragedy.

A decade earlier

The student protests of the 1960s arguably began off campus a decade earlier, when Martin Luther King Jr. and other Black leaders launched the Civil Rights Movement. Their efforts, which ranged from boycotts to marches to voter registration drives, attracted intense, violent resistance in the South.

In 1960, four Black students at the North Carolina Agricultural & Technical College sat down at a lunch counter in Greensboro. Their dignified, non-violent resistance to segregation spurred many more protests by both Black and white students throughout the South. That same year, leaders of these protests founded a new organization: the Student Nonviolent Coordinating Committee, or SNCC.

SNCC played a signal role in battling segregation and racism in the early part of the decade, culminating in the famous Mississippi Freedom Summer of 1964, when it recruited hundreds of white college students from elite northern schools to come south and participate in voter registration drives. These activists returned to campus radicalized by the experience.

At the time, colleges and universities embraced the doctrine of “in loco parentis,” which held that students were minors lacking the kind of constitutional rights that adults enjoyed. This logic informed everything from campus dress codes to curfews to restrictions on free speech.

UC Berkeley was no different, banning students from political activity. When veterans of Mississippi Freedom Summer returned to campus in the fall of 1964 hoping to recruit more students to their cause, they immediately clashed with university administrators. A bungled attempt to arrest a student for handing out political pamphlets quickly metastasized into a campus-wide crusade against in loco parentis.

The Free Speech Movement

What became known as the Free Speech Movement borrowed the tactics and rhetoric of the Civil Rights Movement, engaging in civil disobedience. In a typical speech, Mario Savio, one of its leaders, declared: “Last summer I went to Mississippi to join the struggle there for civil rights. This fall I am engaged in another phase of the same struggle, this time in Berkeley.”

The movement quickly spread beyond Berkeley to an estimated quarter of the nation’s campuses. At all these schools, universities ultimately acceded to student demands, retreating from prohibitions on political activity, and abandoning attempts to regulate students’ private lives. As restrictions eased, many students embraced sexual experimentation, drugs and other taboo-breaking behaviors that would come to define the so-called counterculture.

In 1965, President Lyndon B. Johnson began bombing North Vietnam and eventually committed American troops.

The movement widens

By this time, a small but increasingly important organization — Students for a Democratic Society, or SDS — began to take the lead in organizing antiwar protests. At the University of Michigan, Berkeley, and dozens of other universities, SDS chapters and sympathetic faculty began organizing “teach-ins” consisting of lectures and class discussions about the Vietnam War that drew tens of thousands of students.

As the historian Robert Cohen has argued, these dress rehearsals for the larger antiwar movement again borrowed many of the methods of the Civil Rights Movement. And as the government began drafting men to fight in Vietnam, students on campuses across the country became increasingly radicalized, viewing themselves as part of a much larger movement that transcended any single issue.

This was the New Left: a sprawling coalition of activists dedicated to transformative social change at home and abroad. The targets of their ire reflected their sweeping ambition: Dow Chemical, President Johnson, campus administrators, university labs funded by defense dollars, the CIA, the AFL-CIO, sexist hiring, and any other institution or practice deemed complicit in injustice — whether in Vietnam, the American South or the corporate workplace.

Increasing violence

By 1967, the clashes between students and law enforcement had become increasingly violent. In October of that year 10,000 students from Berkeley and other campuses battled 2,000 police officers in a melee that spanned over 20 city blocks. Afterward, one SDS member exulted: “We finally had ourselves a White Riot … We had the streets.”

By 1968, the Tet Offensive, as well as the assassination of King and the ensuing riots, set the stage for some of the most dramatic campus clashes in the spring of that year. At Columbia University, SDS students occupied numerous buildings, battling the police. Hundreds of other universities followed suit. By year’s end, the protests had become increasingly violent. At the University of Wisconsin, students firebombed a campus building as well as a Selective Service Office.

These protests continued unabated into the next year. In the first half of 1969, at least 9,000 protests erupted on over 230 campuses throughout the country, with a fifth of these culminating in arson, the destruction of property, and occasionally, bombings. By this point, too, SDS splinter group known as the Weathermen had dedicated themselves to armed struggle, as had leaders of the Black Power movement.

Then, Kent State

University administrators increasingly went overboard in their attempts to curb this militancy, allowing the police to indiscriminately beat up students and professors in almost-daily clashes. These came to a symbolic end in 1970, when protests against President Richard Nixon’s Vietnam policy culminated in an infamous clash at Kent State University in Ohio. There, on May 3, members of the National Guard confronting an angry mob of students fired into the crowd, killing four. In response, students protested across the United States, forcing nearly 1,000 universities and colleges to shut down until the following fall.

Which brings us to today’s protests. In our own time, protest movements have generally lacked the staying power of the broad-based, revolutionary struggle of the 1960s. Yet many universities are reacting to these protests — barely a month old as of today — as if it’s 1970 all over again, with years of protests behind them and millions of students threatening to storm the nation’s campuses.

This is an overreaction that will almost certainly lead to unintended consequences. Indeed, there are signs that it already has, as videos circulate of innocent bystanders manhandled by police and indications that Indiana University allowed police snipers to set up positions on the roofs of campus buildings. UCLA allowed members of the LAPD to use rubber bullets to disperse the protesters.

This kind of escalation will end very badly.

Today’s disruption: pale by comparison

Before university boards and administrators go much further, they may want to consider that however annoying or disruptive today’s protesters may seem, the challenge they pose pales in comparison to what colleges and universities have confronted in the past.

It’s a reality they might do well to contemplate this summer before students return in the fall — and before their institutions end up, like Kent State, a byword for campus tragedy.

Stephen Mihm, a professor of history at the University of Georgia, is coauthor of “Crisis Economics: A Crash Course in the Future of Finance.”

Related Articles

Opinion |


Marc Champion: Don’t let Gaza help Iran cloak its own repression

Opinion |


Trudy Rubin: 2024 isn’t 1968: University protesters need more clarity about their goals

Opinion |


Thomas Friedman: Israel and Saudi Arabia are trading places

Opinion |


Jonathan Zimmerman: It’s ‘academic freedom’ when you agree but not when you don’t?

Opinion |


Anthony Vaccaro: Does social media rewire kids’ brains? Here’s what the science really says