A New York judge dismissed nearly all of Kesha’s claims of abuse against her producer Dr. Luke in her ongoing lawsuit on Wednesday. As previously reported, the now 29 year-old pop star accused Luke, (Lukasz Gottwald) 42, of drugging, raping, and verbally and mentally abusing her through out the various stages of her career. Luke countersued, claiming defamation and breach of contract.
Kesha has been adamant about her claims, using langue like, “this is about being free from my abuser,” when describing Luke.
Supreme Court Justice Shirley Kornreich cited lack of jurisdiction and failure to procure facts proving the allegations before dismissing the majority of the singer’s claims. We’ve collected several key points outlined in documents obtained by People Magazine. Most of the claims, and the reason for their dismissal are outlined in quotes below.
The claims of discrimination based on her gender weren’t included because her allegations happened outside of New York State. To prove that Luke violated her civil rights because she was a woman, she needed to prove that Luke “harbored animus towards women or was motivated by gender animus when he allegedly behaved violently towards Kesha.”
The judge clarified this by stating in said documents, “every rape is not a gender-motivated hate crime.”
Justice Kornreich writes that the only allegations Kesha made that meets the elements of “physical violence or property damage” were claims that Luke assaulted her on an airplane and raped her in his hotel room. However, “the claim is time-barred.”
The claim of “intentional infliction of emotional distress” was also dismissed because the judge believes her allegations “do not meet the strict pleading standard. Her claims of insult about her value as an artist, her looks, and her weight were insufficient to constitute extreme, outrageous conduct intolerable in civilized society,” Kornreich wrote, adding the instances that would constitute as intentional were “time-barred.”
The judge went on to deny Kesha’s request to make amendments. “Kesha’s request for leave to amend the CCs is denied because there is nothing in the record from which the court can determine whether the amendment would be meritorious,” state the papers.
This latest ruling aside, Dr. Luke and Kesha’s legal battle is far from over. She has already appealed February’s denial of injunction, which means she might be able to still get out of her contract with Luke and Sony Music Entertainment pending the results of the appeal. Also, People, is reporting that Dan Petrocelli, who successfully argued wrongful death against OJ Simpson in his famous civil suit, may join as the singer’s co-council along side her current attorney Mark Geragos. Reps for both Kesha and Dr. Luke have not commented on any new developments at this time.