Published: Thu, March 23, 2017
Life&Culture | By Kristin Armstrong

A Judge Ruled Against Kesha's Amended Lawsuit Against Dr. Luke

A Judge Ruled Against Kesha's Amended Lawsuit Against Dr. Luke

She also ruled that Kesha was not, as she claimed, performing under her current contract with Dr. Luke and therefore "cannot maintain a breach of contract claim based on the implied covenant [of good faith]".

Dr. Luke is now suing Kesha for defamation over her 2014 allegations that the producer was emotionally abusive and that he sexually assaulted her.

"They were like, "Oh, my gosh, you're free", and I was like, "No, sweetheart, I love you, but no, I am not, and I don't know where you got that information", she said, remembering a conversation she had with a fan".

Kesha responded by accusing him of sexual abuse in two separate incidents and released emails between Dr Luke and her manager, where he allegedly says she "can be more disciplined with her diet". "The same opportunity - to be liberated from the physical, emotional, and financial bondage of a destructive relationship - should be available to a recording artist".

Kesha further claimed Dr. Luke wanted to bankrupt her and refused to sign off on an album of new material; Dr. Luke and his team of attorneys alleged she owed him $1.3 million in royalties, among other grievances. Turning down a contract with Dr. Luke could have killed her career. She sought the injunction to allow her to end her contract with Dr. Luke and Kemosabe and find either a new producer with Sony or to leave the label altogether.

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The Tik Tok singer filed an amended lawsuit against the hitmaker, but New York Supreme Court Justice Shirley Kornreich has ruled her latest claims against Dr. Luke are too speculative. "Furthermore, KMI [Dr. Luke's company] may not choose to exercise its options for future albums after the third is released".

"To protect young, newly discovered recording artists from this precise manner of exploitation in quasi-lifetime un-severable professional relationships, California labor law requires all music contracts to end within seven years of execution."

However, this argument has now been rejected by the NY court hearing the case.

"The parties' choice of NY law should be enforced, unless the public policy of another jurisdiction has an overriding concern so strong that it trumps New York's strong public policy in maintaining and fostering its undisputed status as the pre-eminent commercial and financial nerve centre of the world", says judge Shirley Kornreich, according to The Hollywood Reporter. "Thus, Kesha may not assert a counterclaim for breach" of law.

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