New York Supreme Court Justice Shirley Kornreich has just given Dr. Luke (Lukasz Gottwald) a huge legal victory by dismissing all but one of Kesha Rose Sebert’s counterclaims against the producer.
Following up on her decision to deny an injunction, the judge examines Kesha’s allegations accusing Dr. Luke of drugging and raping her a decade ago and committing ongoing abuse and determines that some of her claims fail because of lack of jurisdiction and other claims just don’t make the elements.
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On Kesha’s assertion that Dr. Luke has violated New York statutes commonly referred to as “hate crime” laws, Kornreich says the facts as pled don’t add up to the allegation that Dr. Luke harbored animus towards women.
“Every rape is not a gender-motivated hate crime,” she writes.
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Kornreich also rules that such a claim can’t be predicated on abusive remarks and threats made over a ten-year period — that there needs to be physical violence or property damage. The only allegation that fits is Dr. Luke’s alleged assault of Kesha on an airplane and rape in a hotel before 2008. “The claim is time-barred,” states the judge’s opinion.
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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 decision to deny an injunction on the basis that after expending $20 million building Kesha’s career, it was commercially unreasonable to rip up a contract. Unfortunately for her, there’s pretty much no good news for the pop superstar from the decision today. The only counterclaim that survives is whether Kesha’s performance agreement with Dr. Luke’s company terminated as a result of the decision to sue her for breach of contract.