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NY Appeals Court Rejects Kesha's Appeal to Get Out of Dr. Luke Deal | THR News
Hollywood Journal
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7 weeks ago
The pop star isn't able to revive counterclaims against the producer.
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00:00
A New York appeals court has rejected Kesha's bid to get out of her deal with Dr. Luke,
00:04
the producer who she alleges raped her. The praying singer may eventually square off at trial
00:09
against Lucas Gottwald, aka Dr. Luke, but if she does, the jury won't be deciding whether the pop
00:14
star can extradite herself from contracts. On Tuesday, a New York appeals court affirmed a
00:19
judge's decision to reject Kesha's counterclaims. Dr. Luke is suing her for smearing him through
00:24
allegations of sexual abuse. In reaction, the pop star has made various attempts to have her
00:29
agreements with the producer terminated. Her proposed countersuit began,
00:32
"...you can get a divorce from an abusive spouse. You can dissolve a partnership if the
00:37
relationship becomes irreconcilable. The same opportunity to be liberated from the physical,
00:42
emotional and financial bondage of a destructive relationship should be available to a recording artist."
00:48
In March 2017, New York Supreme Court Justice Shirley Kornreich wouldn't allow Kesha to move forward
00:53
with this countersuit. Kesha had claimed that she was owed royalties and that it would be
00:57
impossible to perform under the deals due to the acrimonious relationship. But Kornreich agreed
01:02
with Dr. Luke's attorneys that Kesha should have provided notice of alleged contract breaches,
01:07
and that her allegation of the impossibility of performance was grounded upon speculation.
01:12
And after the decision came out, Kesha did release a new album, Rainbow, and is currently preparing
01:17
for a tour this summer. While Kesha might prefer that Luke not benefit whatsoever from her work,
01:22
her counterclaims have gone nowhere. The appeals court also upholds Kornreich's decision to force
01:27
Kesha to produce documents held by her PR firm and former attorney, saying the documents discuss
01:33
a public relations strategy and are not protected under the attorney-client privilege.
01:37
Assuming the decision isn't touched upon any further appeal, that means that as this case moves
01:41
forward, only Dr. Luke's defamation claim will be considered. The parties will soon be providing
01:47
briefing related to defenses being raised. In the coming weeks, depositions and expert reports could
01:52
be made public as Kornreich prepares the case for trial. For more on this story, head to THR.com.
01:58
Until next time, for The Hollywood Reporter News, I'm Tiffany Taylor.
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