Kesha Screwed Over Again

The same judge that denied Kesha an injunction against Dr. Luke in February has thrown out some of the most egregious claims the singer has made against the producer.

Late Wednesday, Judge Shirley Kornreich in a New York State Supreme Court in Manhattan ruled that Kesha could not accuse Dr. Luke of committing a hate crime against her.  Using Dr. Luke’s real name, Lukasz Gottwald, Kornreich found that “Although Gottwald’s alleged actions were directed to Kesha, who is female (her claims) do not allege that Gottwald harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha,” Kornreich ruled, according to CNN. “Every rape is not a gender-motivated hate crime.”

The judge also ruled that the singer’s accusations that Dr. Luke violated her individual rights by raping and abusing her cannot go forward because they do not meet the high legal standard for “intentional infliction of emotional distress,” according to the Associated Press. “Her claims of insults about her value as an artist, her looks and her weight are insufficient to constitute extreme, outrageous conduct intolerable in a civilized society,” the AP reports Kornreich ruled.

Further, the judge found that Kesha “had failed to plead that any of the alleged discrimination occurred in New York State or City,” meaning the court had no jurisdiction over the case and, if the star chooses to proceed with the lawsuit, the case would have to be tried elsewhere. And, to make matters worse, she also found that the statute of limitations on the abuse Kesha vows she’s suffered as a result of Dr. Luke had expired.

CNN notes the singer originally filed her lawsuit in Los Angeles in 2014 claiming she’d been coerced to drop out of school and move to the West Coast by Dr. Luke, but he brought it to Manhattan “alleging defamation and breach of contract, claiming New York was the appropriate venue for claims related to their contracts,” probably because his label, Kemosabe Records, and its parent company, Sony Music, are headquartered there. “The California court stayed Kesha’s lawsuit pending resolution of the actions in New York, prompting Kesha to file counterclaims alleging sexual harassment, gender-based violation and intentional infliction of emotional distress.”

Judge Kornreich also dismissed Kesha’s appeal on the injunction Kornreich denied back in February.

The Hollywood Reporter has posted a copy of the full 28-page decision here.
This story is bound to keep changing, especially after Kesha and Dr. Luke have the chance to comment–keep your eyes here for updates.

Amber Healy

I write about music policy and lawsuits because they're endlessly fascinating.

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