Dr Luke, actual title Lukasz Gottwald, has scored an enormous victory in his authorized battle with the Tik Tok singer, who alleges she was drugged and raped by the producer.
In 2014, the 46-year-old sued Kesha, 32, for defamation, accusing the popstar of fabricating a rape allegation to get out of her recording contract.
New York Supreme Court Judge Jennifer G Schechter dominated on Thursday that Kesha had defamed Dr Luke, stating that Perry denied the allegation and that there is no such thing as a proof to assist Kesha’s declare.
Judge Schechter stated: ‘Perry unequivocally testified that Gottwald did not [rape her]. In response, Kesha has not raised a triable issue. There is no evidence whatsoever that Gottwald raped Katy Perry, or that Katy Perry, whose sworn testimony is unrefuted, must not be believed.’
According to Variety, Judge Schechter additionally rejected Kesha’s declare that Gottwald is a ‘public figure’, saying that the producer is just not a family title and had not been ‘the subject of a public discourse on sexual assault’ earlier than Kesha made her allegation towards him.
The judge wrote: ‘Though Gottwald has sought publicity for his label, his music, and his artists — none of that are the topic of the defamation right here — he by no means injected himself into the general public debate about sexual assault or abuse of artists within the leisure business.
‘The only reason Gottwald has any public connection to the issues raised in this lawsuit is because they were raised in this lawsuit.’
Gottwald’s attorneys is not going to have to show Kesha acted with ‘actual malice’ with her allegation in trial.
‘Because Gottwald is not a public figure for purposes of determining the the constitutional protection afforded to statements by Kesha that he drugged, raped and sexually assaulted her, the actual malice standard is inapplicable,’ the ruling stated.
Kesha was additionally ordered to pay $374,000 in curiosity on a greater than $1.three million royalty cost she had not turned over to Dr Luke’s firm, which was in breach of her contract. Kesha doesn’t dispute this calculation of curiosity.
The star’s attorneys stated she can be interesting the choice.
An announcement learn: ‘Judge Schecter issued rulings at this time on motions for abstract judgment within the Dr. Luke litigation.
‘We disagree with the Court’s rulings. We plan to instantly attraction.’
Judge Schechter stated that she wouldn’t be ruling on whether or not Gottwald raped Kesha, saying that call can be left to a jury.
Dr Luke’s group stated in an announcement: ‘Kesha abandoned her meritless case against Dr. Luke more than three years ago. The only remaining lawsuit is Dr. Luke’s case towards Kesha for defamation and breach of contract. Dr. Luke is pursuing this lawsuit to search restoration for the intense hurt Kesha’s false accusations of rape have triggered Dr. Luke, his household and his enterprise.
‘Today’s essential choice by the Court in Dr. Luke’s lawsuit brings him nearer to the justice that he seeks. First, the Court has now dominated that Kesha made a false and defamatory accusation about Dr. Luke when she baselessly claimed that he raped Katy Perry. Second, the Court rejected Kesha’s makes an attempt to invoke authorized technicalities to keep away from accountability for her statements. And third, the Court additionally accurately held that Kesha breached her contract with Dr. Luke’s firm.
‘Dr. Luke looks forward to the trial of his case where he will prove that Kesha’s different false statements about him have been equally false and defamatory.’
In 2016, a judge dismissed Kesha’s claims of sexual assault, sexual harassment, and gender violence towards Gottwald, and later that yr, Kesha dropped her sexual abuse case in Los Angeles whereas persevering with her go well with in New York.
The Praying singer wished to be launched from Kemosabe Records, owned by Dr Luke underneath the umbrella of Sony Music Entertainment.
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