Judge throws out appeal in Kesha’s sexual assault case
An appeal in Kesha’s sexual assault case against her producer Dr Luke, has been thrown out by a New York court.
The bisexual star filed a lawsuit against the producer, real name Lukasz Gottwald, back in 2014.
She alleges “mental manipulation, emotional abuse and sexual assault” against the producer, and says he has refused to allow her to record new music.
State Supreme Court Justice Shirley Werner Kornreich said the singer had “failed to plead that any of the alleged discrimination occurred in New York State or City,”
She said the court has no jurisdiction over the claims, and also that Kesha had failed to prove that Dr Luke’s actions constituted a hate crime.
Kesha previously said in the lawsuit, which was unsuccessful in February, that she was banned from recording music with any other label.
Justice Kornreich told the singer in February that Dr Luke’s offer for her to record without him being involved had “decimated her argument”.
Kesha signed with Dr Luke at the age of 18, and in her lawsuit said he made her snort a substance then to get on a plan.
“During the trip he forced himself on her while she was drugged”, the filing wrote.
In another incident, Kesha alleges that Dr Luke gave her a drug he called “sober pills”, and that the next day she woke up “naked in Dr Luke’s bed, sore, sick… and with no memory of how she got there”.
According to the Hollywood Reporter, the Justice said: “You’re asking the court to decimate a contract that was heavily negotiated and typical for the industry.”
Justice Kornreich also noted an apparent $60 million investment by Dr Luke in Kesha’s career, adding: “My instinct is to do the commercially reasonable thing.”
“I don’t understand why I have to take the extraordinary measure of granting an injunction,” the Justice continued.
In the meantime, Kesha’s attorney said the singer was being “set up to fail”.
The judge responded: “You’re asking me to assume an entity like Sony, who are in a competitive position, will not want to make money on their investment.”
Kesha has posted numerous videos to social media discussing the situation, and singing snippets of other people’s songs.
At one point she said her career was “effectively over”, and that her brand value had dropped “past the point of no return.”
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Writing in the injuection paperwork in September 2015, Former Universal Music Chief Executive Jim Urie said: “She has not been recording, touring, or able to market merchandise for nearly a year – an eternity in the industry. If Kesha cannot immediately resume recording… her career is effectively over.”
Dr Luke owns Kemosabe Records, part of the Sony Group.
Kesha has said she is happy to record with Sony but not as part of Dr Luke’s imprint.
The producer denies the sexual abuse allegations.
Hoards of stars took to social media to express their support for Kesha, including Lorde, Arianna Grande and Lady Gaga.