Appeals Court Rejects Kesha's Bid to Get Out of Dr. Luke Deal

Started by Lazarus, May 29, 2018, 04:46:22 PM

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Lazarus

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Kesha Rose Sebert may eventually square off at trial against Lukas "Dr. Luke" Gottwald, the producer who she alleges raped her. But if she does, the jury won't be deciding whether the pop star can extradite herself from contracts. On Tuesday (May 29), a New York appeals court affirmed a judge's decision to reject Kesha's counterclaims.

Dr. Luke is suing her for smearing him through allegations of sexual abuse. In reaction, the pop star has attempted various ways to have her agreements with the producer declared terminated.

"You can get a divorce from an abusive spouse," began her proposed countersuit. "You can dissolve a partnership if the relationship becomes irreconcilable. The same opportunity ? to be liberated from the physical, emotional, and financial bondage of a destructive relationship ? should be available to a recording artist."

In March 2017, New York Supreme Court Justice Shirley Kornreich wouldn't allow Kesha to move forward with this countersuit. Kesha had claimed that she was owed royalties and that it would be impossible to perform under the deals due to the acrimonious relationship.

Kornreich agreed with Dr. Luke's attorneys that Kesha should have provided notice of alleged contract breaches and that her allegation of the impossibility of performance was grounded upon speculation ? especially given the possible expiration of deals, the involvement of Son, and attempts to at least allow her to work with producers other than Dr. Luke.

Indeed, after the decision came out, Kesha did release a new album, Rainbow, and is preparing for a tour this summer. While Kesha might prefer that Luke not benefit whatsoever from her work, her counterclaims have gone nowhere.

"Kesha's proposed amendments are palpably insufficient and devoid of merit," states a decision today (read here) by New York's First Department. "Her counterclaim seeking declaratory relief terminating the agreements on the ground of impossibility and impracticability of performance was speculative, contradicted by her own allegations that she had continued performing under the agreements and, as to at least one of the agreements, the impossibility was not produced by an unanticipated event that could not have been foreseen or guarded against."

Kesha also wanted the New York court to apply California's seven-year rule limiting personal service contracts, but the appellate decision continues, "The court also properly denied Kesha leave to assert a counterclaim for declaratory relief terminating the agreements on the ground that they violate California Labor Code ? 2855, as the unambiguous New York choice-of-law provisions contained in the agreements preclude the application of that California statute."

And in yet another loss for Kesha, the appeals court also upholds Kornreich's decision to force Kesha to produce documents held by her PR firm and former attorney, Mark Geragos. "The communications between her counsel and press agents do not reflect a discussion of legal strategy relevant to the pending litigation but, rather, a discussion of a public relations strategy, and are not protected under the attorney-client privilege," continues the decision.

Assuming the decision isn't touched upon any further appeal, that means that as this case moves forward, it will only be Dr. Luke's defamation claim being considered. The parties will soon be providing briefing related to defenses being raised. In the coming weeks, depositions and expert reports could be made public as Kornreich gears the case for trial.

Gilgamesh.

So if he wins his defamation suit she'll owe him money a well as still being signed to the man that allegedly raped her? :rudone:

Either her evidence wasn't shit or the label are protecting him.

Young



Gilgamesh.

Quote from: Young on May 30, 2018, 04:46:29 AM
What the




They're not having a minute of her fuckery nnnnn

I'm confused at this happening to white girl tbh. Kesha is like the "perfect" victim: white, female, blonde.

Why do they keep dragging her :uhh:

Opposites Attract.

The justice system is all morally corrupt. Morally this is all wrong. If she is saying that she was raped and mentally abused, etc why keep her in the damn contract? Like I just don't understand.


It's unconditional, these days you know....


RAY7

ouch. I thought she was out of the contract, and thats what the whole era was about
poor girl, God bless her

Annie

Have you ever hated or disliked a coworker or a boss? I sometimes want to leave a place because I cant stand someone?s vibe..and she was talking about abuse which is 1000 worst. Kesha indeed needs to kill the guy

 /.\

BigDawg

Quote from: Annie on May 30, 2018, 08:10:49 AM
Have you ever hated or disliked a coworker or a boss? I sometimes want to leave a place because I cant stand someone?s vibe..and she was talking about abuse which is 1000 worst. Kesha indeed needs to kill the guy

Bruce

Why dont they both end it? It seems like for him and his brand it would be easier to just let her go?

United Nations Barbie 🇺🇳

Quote from: Bruce on May 30, 2018, 08:44:37 AM
Why dont they both end it? It seems like for him and his brand it would be easier to just let her go?
!!!

I?m not understand why he would even want to be associated with her at this point. If someone is saying all of these ?lie about you, why continue a business relationship. I don?t think he did everything she said but he definitely did some evil things.