Kesha is seeking to launch a counterclaim against Dr Luke using New York’s new anti-SLAPP law.
The 34-year-old pop star has been locked in a defamation case with the record producer, after she previously accused him of physical, sexual, and emotional abuse.
And Kesha has now tried to use the recently-enacted legislation – which is geared towards ending courtroom bullying by powerful individuals – in their ongoing dispute.
Striking back: Kesha is seeking to launch a counterclaim against Dr Luke using New York’s new anti-SLAPP law
Following her original allegations, Dr Luke hit back at Kesha by accusing her of breach of contract and defamation.
Last year, a judge concluded that she published a false statement when she texted Lady Gaga to allege that he had also raped Katy Perry.
However, since then, New York has introduced new legislation that is intended to protect free speech, and Kesha – who is being advised by Daniel Petrocelli and Leah Godesky – is seeking to use it as part of her counterclaim.
Although a judge previously ruled that Dr Luke was a private figure, meaning he was not required to prove that Kesha made false allegations with a malicious intention, that decision has gone to an appeal – and a host of media organizations, such as Dow Jones, have given their support to the singer.
Contentious claims: Following her original allegations, Dr Luke hit back at Kesha by accusing her of breach of contract and defamation. Last year, a judge concluded that she published a false statement when she texted Lady Gaga to allege that he’d also raped Katy Perry; seen in 2014
Kesha remains hopeful that the trial judge’s verdict will eventually be overturned, but the anti-SLAPP law could change the case entirely, as it covers situations in which private figures have to prove actual malice to prevail, according to The Hollywood Reporter.
A new memorandum from Kesha’s team reads: ‘As this Court has already found, Kesha’s statements that Dr Luke sexually assaulted her (and another world-famous female artist) qualify as a matter of public concern.
‘There could be no serious debate to the contrary. Indeed, one of the three courts to have already applied [the new anti-SLAPP statute] underscored that ‘sexual impropriety and pressure in the music industry’ ‘indisputably’ constitutes an issue of public interest.’
Game changer: Kesha remains hopeful that the trial judge’s verdict will eventually be overturned, but the anti-SLAPP law could change the case entirely, as it covers situations in which private figures have to prove actual malice to prevail, according to The Hollywood Reporter; seen in 2020
The memorandum later adds: ‘Plaintiffs’ defamation claims obviously involve a matter of public concern, and if the jury finds that Kesha’s reporting of Dr Luke’s sexual assault is truthful, it necessarily follows that Dr Luke brought this lawsuit solely to harass and intimate Kesha.’
The Tik Tok hitmaker is seeking compensatory and punitive damages, as well as costs that she’s incurred during their seven-year legal battle.
A date for the trial has yet to be set.
At war: The 34-year-old pop star has been locked in a defamation case with her former record producer, after she previously accused him of physical, sexual, and emotional abuse. Following her original allegations, Dr Luke hit back at Kesha by accusing her of breach of contract and defamation; seen in 2011
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