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Today, New York State Supreme Court Judge Jennifer G. Schecter made a significant ruling in the long-running legal battle between Kesha and producer Lukasz “Dr. Luke” Gottwald. According to court documents viewed by Pitchfork, the judge ruled that Kesha “made a false statement to Lady Gaga about Gottwald and that was defamatory.”
The “defamatory” remarks mentioned in the court documents refer to text messages that Kesha sent to Lady Gaga, in which Kesha claimed that Gottwald raped Katy Perry.
Schecter noted that Perry denied the claim, adding that there’s no supporting evidence to back up Kesha’s message to Gaga. “Publication of a false statement to even one person, here Lady Gaga, is sufficient to impose liability,” the judge wrote.
The judge also rejected Kesha’s series of defenses, including that Gottwald is a public figure. Schecter argued that Dr. Luke isn’t a household name. “Though Gottwald has sought publicity for his label, his music, and his artists—none of which are the subject of the defamation here—he never injected himself into the public debate about sexual assault or abuse of artists in the entertainment industry,” Schecter wrote. “The only reason Gottwald has any public connection to the issues raised in this lawsuit is because they were raised in this lawsuit.”
The decision means that Gottwald’s legal team will not need to prove that Kesha acted with “actual malice” or “gross irresponsibility” in her texts to Gaga about Gottwald.
The judge also ruled that Kesha was in breach of contract with Gottwald’s company KMI due to late royalty payments. Kesha was ordered by Schecter to pay $374,000 in interest.
Gottwald has been suing Kesha for defamation since 2014, after she accused him of sexual abuse; in counterclaims filed in 2016, the singer asked the judge to rule in favor of voiding her contracts with Gottwald and his business entities. That bid was denied.
Kesha’s legal team promised to appeal the decision. “Judge Schecter issued rulings today on motions for summary judgment in the Dr. Luke litigation,” Kesha’s lawyers said in a statement. “We disagree with the Court’s rulings. We plan to immediately appeal.”
Dr. Luke’s lawyers discussed the judge’s ruling in the below statement.
Kesha abandoned her meritless case against Dr. Luke more than three years ago. The only remaining lawsuit is Dr. Luke’s case against Kesha for defamation and breach of contract. Dr. Luke is pursuing this lawsuit to seek recovery for the serious harm Kesha’s false accusations of rape have caused Dr. Luke, his family and his business.
Today’s important decision by the Court in Dr. Luke’s lawsuit brings him closer to the justice that he seeks. First, the Court has now ruled that Kesha made a false and defamatory accusation about Dr. Luke when she baselessly claimed that he raped Katy Perry. Second, the Court rejected Kesha’s attempts to invoke legal technicalities to avoid responsibility for her statements. And third, the Court also correctly held that Kesha breached her contract with Dr. Luke’s company.
Dr. Luke looks forward to the trial of his case where he will prove that Kesha’s other false statements about him were equally false and defamatory.
If you or someone you know has been affected by sexual assault, we encourage you to reach out for support:
RAINN National Sexual Assault Hotline
http://www.rainn.org
1 800 656 HOPE (4673)
Crisis Text Line
http://www.facebook.com/crisistextline (chat support)
SMS: Text “HERE” to 741-741