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    Trial update

    First wrongful-death trial in 2021 Astroworld Festival tragedy is delayed

    Associated Press
    May 2, 2024 | 3:43 pm
    Astroworld Festival 2019

    Ten people died and hundreds were injured at Astroworld Festival in 2021.

    Photo courtesy of Astroworld Festival

    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 Tuesday, May 7 in the wrongful-death lawsuit filed the family of Madison Dubiski, a 23-year-old Houston resident who was killed during the crowd crush at the Nov. 5, 2021, concert by rap superstar Travis Scott.

    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.

    “Unless I hear differently, the trial is stayed,” state District Judge Kristen Hawkins said during a court hearing Thursday, May 2.

    Apple, which livestreamed Scott’s concert, is appealing a ruling by Hawkins that denied the company’s motion to be dismissed from the case. Apple has argued that under Texas law, it can appeal Hawkins’ ruling because its defense claims are being made in part as a member of the electronic media.

    Apple is arguing that in livestreaming Scott’s concert, it was acting as a member of the electronic media and its actions merit free speech protection.

    “It remains our position that our conduct is protected by the First Amendment,” Kent Rutter, one of Apple’s 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’s family, said he planned to appeal that denial, likely up to the Texas Supreme Court.

    Lawyers for Dubiski’s 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 “with significant public interest” 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’t mention news or news reporting. He added that the company’s Apple News app is a subscription service that aggregates the stories of other news organizations.

    “This is not a free speech case. They know that,” Itkin said.

    During the hearing, Hawkins appeared skeptical about Apple’s 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.

    “Yes, it would be,” Rutter said.

    Over 4,000 plaintiffs filed hundreds of lawsuits following the concert. Dubiski’s 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’s promoter, had been set to go on trial Tuesday.

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

    astroworld trialscrimemediatravis scottcelebrities
    news/city-life

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    Pestilence News

    New invasive pest threatens farms and pastures in greater Houston

    Teresa Gubbins
    Dec 12, 2025 | 11:30 am
    Mealyworm
    TAMU
    Mealyworm is small but damaging.

    Texas Agriculture Commissioner Sid Miller has issued an urgent alert to farmers to inspect their pastures for a newly detected and highly damaging pest: the pasture mealybug (Helicococcus summervillei).

    According to a release from the Department of Agriculture (TDA), this invasive species, never before reported in North America, has been confirmed in multiple Texas counties and is already causing significant damage to pasture acreage across the southeast portion of the state.

    The pasture mealybug causes “pasture dieback,” leaving expanding patches of yellowing, weakened, and ultimately dead turf.

    This pest was first detected in Australia in 1928; its first detection in the Western Hemisphere occurred in the Caribbean between 2019 and 2020.

    The TDA is working with Texas A&M AgriLife Extension and USDA’s Animal and Plant Health Inspection Service (APHIS) to coordinate a rapid response and protect Texas producers.

    Mealybug history
    Although the mealybug is just now being spotted, researchers suspect it may have been introduced before 2022.

    Since mid-April 2025, southern Texas pasture and hay producers have been reporting problems in their fields. These fields show grass patches becoming brown or necrotic, or patches that are completely dead. Originally, it was presumed that symptoms were caused by another mealybug called the Rhodes grass mealybug, which has been reported in the U.S. since 1942. However, further investigations confirm that it's this new pasture mealybug (Heliococcus summervillei).

    It has devastated millions of acres of grazing land in Australia and has since spread globally. Its rapid reproduction, hidden soil-level feeding, and broad host range make it a significant threat to pasture health and livestock operations.

    Mealybug MealybugTAMU

    Adult females are approximately 2-5 mm long, covered in a white, waxy coating. They are capable of producing nearly 100 offspring within 24 hours, resulting in several generations per season. While adult females can live for up to 100 days, most damage is inflicted by the youngest nymphs, which feed on plant sap and inject toxic saliva that causes grass to yellow, weaken, and die.

    “This is a completely new pest to our continent, and Texas is once again on the front lines,” Commissioner Miller says. “If the pasture mealybug spreads across Texas grazing lands like it has in eastern Australia, it could cost Texas agriculture dearly in lost productivity and reduced livestock capacity. TDA is working hand-in-hand with federal and university partners to respond swiftly and protect our producers from this unprecedented threat.”

    A problem for Houston
    The estimated impact area currently covers 20 counties, primarily in the Houston area, including: Cameron, Hidalgo, Willacy, Refugio, Calhoun, Victoria, Goliad, Dewitt, Lavaca, Fayette, Jackson, Matagorda, Brazoria, Galveston, Wharton, Colorado, Austin, Washington, Burleson, Brazos, and Robertson. AgriLife entomologists have submitted a formal Pest Incident Worksheet documenting significant damage to pastures and hayfields in Victoria County.

    Research trials are underway to determine the best integrated pest management options. Currently, there is no known effective labeled insecticide for pasture mealybug.

    Affected plants include: Bermudagrass, Bahia grass, Johnsongrass, hay grazer (sorghum–sudangrass), St. Augustine grass, various bluestem species, and other tropical or subtropical grasses. Damage can occur in leaves, stems, and roots.

    Symptoms:


    • Yellowing and discoloration of leaves within a week of infestation
    • Purpling or reddening of foliage
    • Stunted growth and drought stress despite rainfall
    • Poorly developed root systems
    • Dieback starting at leaf tips and progressing downward
    • Premature aging, making plants more vulnerable to pathogens
    How to spot it


    • Scout regularly for mealybugs on grass leaves, stems, soil surface, leaf litter, and under cow patties
    • Focus on unmanaged areas such as fence lines, ungrazed patches, and roadsides
    • Look for fluffy, white, waxy, or “fuzzy” insects on blades and stems
    • If plants appear unhealthy and insects match this description, investigate further

    “Early identification is critical, and we need every producer’s eyes on the ground,” Commissioner Miller added. “We are working diligently with our federal and state partners to determine how to best combat this novel threat and stop it in its tracks.”

    If you observe suspicious symptoms or insects matching the descriptions above, contact TDA at 1-800-TELL-TDA immediately.

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