Wednesday, April 6, 2016

Judge Tosses Out All Of Kesha's Abuse Claims Against Dr. Luke

Wade Payne / AP

A New York judge on Wednesday decimated Kesha’s lawsuit against Dr. Luke, throwing out all seven claims against the music producer she alleges drugged, raped, and abused her.

The ruling comes just weeks after the judge denied Kesha’s request to be released from her contract under Sony, ruling that doing so would cause irreparable harm to the record labels involved. The music studio also pledged to allow Kesha to work with other producers.

Kesha's claims of physical and emotional abuse were filed in response to a lawsuit by Dr. Luke and Sony alleging breach of contract in her bid to get out of an exclusive recording contract.

In tossing out the majority of the abuse claims against Sony, Dr. Luke, and his recording companies, Judge Shirley Werner Kornreich on Wednesday found that even if what Kesha alleged did occur, they either didn’t happen in New York or the statute of limitations had passed.

Dr. Luke.

Richard Shotwell / AP

She also took issue with Kesha's legal interpretation of her rape allegation against Dr. Luke, aka Lukasz Gottwald. Since Kesha did not provide any information that the producer harbored any animosity toward women, it could not be considered a hate crime, Kornreich wrote.

"Although Gottwald’s alleged allegations were directed at Kesha, who is female, the [counter claims] do not allege that Gottwald harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha," the judge wrote. "Every rape is not a gender-motivated hate crime."

Korneich also cited what she said were deficiencies in Kesha’s allegations of intentional infliction of emotional distress, writing that "claims of insults about her value as an artist, her looks, and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilized society."

The court also found that the alleged attack at Dr. Luke's home in Malibu is not actionable because it occurred in 2008, more than six years before this case was filed.

Kesha was also denied the opportunity to amend her original complaint and provide more information.

Kornreich left only one of Kesha’s ancillary claims standing: her request for clarification regarding her rights with Sony under the contract she signed with RCA/JIVE.

Meanwhile, Dr. Luke’s breach of contract case against Kesha remains ongoing. And Kesha's own case against Dr. Luke in California has been on hold pending an outcome in the New York legal battle.

Representatives for Dr. Luke and Kesha declined to comment Wednesday.

LINK: Dr. Luke: “I Didn’t Rape Kesha And I Have Never Had Sex With Her”

LINK: Kesha Asks Judge For Permission To Record With Anyone Besides Dr. Luke




from BuzzFeed - USNews http://ift.tt/1q7rkNT

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