Kesha faces another upset today in her ongoing legal battle against Dr. Luke.
New York Supreme Court Justice Shirley Kornreich, who denied Kesha an injunction to record music outside of Sony imprint label Kemosabe Records, ruled in favor of the defamed producer once again by dismissing all but one of Kesha’s counterclaims against him.
The judge examined Kesha’s allegations accusing Luke of drugging and raping her in 2005 as well as continual abuse in the years to follow. The judge ruled most of her discrimination claims can’t stand up in court because of “lack of jurisdiction,” THR reports.
New York law defines these allegations as “hate crimes,” but the judge has decided the claims don’t constitute the label.
“Every rape is not a gender-motivated hate crime,” she writes.
To make matters worse for the singer, the only allegation that still stands, Luke’s alleged assault of Kesha on an airplane and rape in a hotel before 2008, goes past the statute-of-limitations of five years or more. “The claim is time-barred,” states the judge.
Her claim of intentional infliction of emotional distress were thrown out because “insults about her value as an artist, her looks, and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilized society.”
Kesha was hoping the judge would decide her claims warranted the recording and songwriting agreements with Dr. Luke’s companies as void and grant her the freedom to record elsewhere.
Maybe most disastrous for Kesha, the judge is dismissing the claims without an opportunity to amend her complaint. She recently added a star attorney to her team and has filed an appeal over the judge’s conclusion that after Dr. Luke and Sony spent $20 million to build up Kesha’s career, it was commercially unreasonable to rip up contracts. Unfortunately for her, there’s little good news for the pop superstar from the decision today. At best, the judge’s latest decision that her court doesn’t have jurisdiction to hear discrimination claims — because the acts didn’t occur in New York — may prompt a return of Kesha’s California lawsuit, which was paused because of a forum clause in the contract between the warring parties.
Last week, Kesha posted on Instagram she would be released from Kemosabe if she and say she was never raped. “so. I got offered my freedom IF i were to lie,” she wrote. “I would have to APOLOGIZE publicly and say that I never got raped. THIS IS WHAT HAPPENS behind closed doors. I will not take back the TRUTH. I would rather let the truth ruin my career than lie for a monster ever again.”
Luke’s legal refuted those claims. “The Court repeatedly stated Kesha is already free to record without Dr. Luke, and that she had not presented any facts supporting her claims,” the statement said. ”That’s because all the evidence — including Kesha’s own videotaped sworn testimony — show her allegations are false. The only thing Kesha is not free to do is to continue to lie about Dr. Luke through publicity stunts and outrageous smears, ignoring the fact that by her own free will she went to work and entered into new contracts with Dr. Luke years after this ‘incident’ supposedly happened. Her goal all along has been solely personal enrichment by seeking to break contracts that brought her success and millions so she can enter into more lucrative ones. We look forward to our day in court holding Kesha accountable for her lies.”