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Kesha scores important victory in defamation battle with Dr. Luke

Kesha scores important victory in defamation battle with Dr. Luke

Singer Kesha has won an important victory in her lengthy legal battle against music producer Dr. Luke, who now has to prove evidence of ‘actual malice’ on Kesha’s part. 

This is just the latest in Kesha’s ongoing defamation battle with music producer Dr. Luke, which means she can also be allowed to seek both punitive and compensatory damages, including having Dr. Luke cover her legal costs in this seven-year battle, according to The Hollywood Reporter.

The 34-year-old singer (born Kesha Rose Sebert) was granted a request to use a new free speech law in New York to allow her to have Luke (real name Lukasz Sebastian Gottwald) to cover her legal feess.

The singer has been embroiled in this bitter battle for years, after Luke sued her in 2014 following her claims that he drugged and raped her and also molested singer Katy Perry

Legal battle: A new wrinkle has emerged in Kesha’s ongoing defamation battle with music producer Dr. Luke, with the singer filing for him to cover her legal costs

The judge surprised many in February 2020 by declaring that while Dr. Luke is well known in the music industry, he was still considered a ‘private figure’ and now must prove Kesha, ‘had knowledge of falsity or recklessly disregarded the truth.’ 

New York Supreme Court Justice Jennifer Schecter ruled that the state’s recently enacted SLAPP statute applied in this case, which was enacted to prevent free speech from ‘frivolous litigation.’

With the judge declaring Dr. Luke as a ‘private figure,’ his legal team has to prove that Kesha acted with malicious intent.

This means at the trial, Dr. Luke will need to show more than proof he raped her (which she claims she was drugged before the rape), he will also need to prove Kesha, ‘had knowledge of falsity or recklessly disregarded the truth.’

Dr. Luke: The 34-year-old singer (born Kesha Rose Sebert) was granted a request to use a new free speech law in New York to allow her to have Luke (real name Lukasz Sebastian Gottwald) to cover her legal fees, according to Page Six

Dr. Luke: The 34-year-old singer (born Kesha Rose Sebert) was granted a request to use a new free speech law in New York to allow her to have Luke (real name Lukasz Sebastian Gottwald) to cover her legal fees, according to Page Six 

‘At trial, a jury will agree that Kesha is telling the truth, and thus necessarily conclude that Dr. Luke knew he sexually assaulted Kesha in 2005, but nevertheless pursued for years a meritless (lawsuit),’ said Kesha’s lawyers in court papers filed Wednesday.

‘Kesha is entitled to compensatory and punitive damages and her attorneys’ fees and costs incurred defending (the lawsuit), the documents continue.

‘Dr. Luke’s scorched-earth litigation strategy is designed to humiliate and destroy Kesha … Dr. Luke’s goal has been to crush Kesha into retracting her reports of abuse,’ the singers lawyers added.

Truth: 'At trial, a jury will agree that Kesha is telling the truth, and thus necessarily conclude that Dr. Luke knew he sexually assaulted Kesha in 2005, but nevertheless pursued for years a meritless (lawsuit),' said Kesha's lawyers in court papers filed Wednesday

Truth: ‘At trial, a jury will agree that Kesha is telling the truth, and thus necessarily conclude that Dr. Luke knew he sexually assaulted Kesha in 2005, but nevertheless pursued for years a meritless (lawsuit),’ said Kesha’s lawyers in court papers filed Wednesday

Kesha first filed a lawsuit against Dr. Luke in 2014, claiming he was sexually, verbally and physically abusive to her in the decade they worked together.

The producer signed Kesha when she was just 18 years of age and he was 15 years her senior, with the singer alleging that his behavior lead her to developing eating disorders, and his abuse got to the point, ‘where [she] nearly lost her life.’

‘The facts presented in our lawsuit paint a picture of a man who is controlling and willing to commit horrible acts of abuse in an attempt to intimidate an impressionable, talented, young female artist into submission for his personal gain,’ Kesha’s attorney, Mark Geragos, said in a 2014 statement when the suit was filed.

Lawsuit: Kesha first filed a lawsuit against Dr. Luke in 2014, claiming he was sexually, verbally and physically abusive to her in the decade they worked together

Lawsuit: Kesha first filed a lawsuit against Dr. Luke in 2014, claiming he was sexually, verbally and physically abusive to her in the decade they worked together

Abuse: The producer signed Kesha when she was just 18 years of age and he was 15 years her senior, with the singer alleging that his behavior lead her to developing eating disorders, and his abuse got to the point, 'where [she] nearly lost her life'

Abuse: The producer signed Kesha when she was just 18 years of age and he was 15 years her senior, with the singer alleging that his behavior lead her to developing eating disorders, and his abuse got to the point, ‘where [she] nearly lost her life’

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‘Kesha is focused on moving her life and her career beyond this terrible time,’ he added.

The producer fired back with allegations of his own, claiming she tried to extort him by spreading lies to get out of her contract.

‘This is just another pathetic and entirely predictable example of Dr. Luke’s continued abuse, and a misguided attempt to keep Kesha under his tyrannical control,’ Geragos said of Luke’s lawsuit. 

Moving on: 'Kesha is focused on moving her life and her career beyond this terrible time,' he added

Moving on: ‘Kesha is focused on moving her life and her career beyond this terrible time,’ he added

Firing back: The producer fired back with allegations of his own, claiming she tried to extort him by spreading lies to get out of her contract

Firing back: The producer fired back with allegations of his own, claiming she tried to extort him by spreading lies to get out of her contract

‘Kesha is focused on reclaiming her voice and her freedom. She is determined to move on with her life and her career by putting this dark period behind her,’ he added.

A judge declared in February 2020 that Kesha had defamed Dr. Luke by alleging that he raped Katy Perry, which Perry has denied. 

Still, Dr. Luke will stand trial in October on the rest of Kesha’s charges of rape and assault. 

Freedom: 'Kesha is focused on reclaiming her voice and her freedom. She is determined to move on with her life and her career by putting this dark period behind her,' he added

Freedom: ‘Kesha is focused on reclaiming her voice and her freedom. She is determined to move on with her life and her career by putting this dark period behind her,’ he added


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