Kesha Accuses Dr. Luke of Stalling Defamation Case
In a new legal filing, Kesha is asking the court to hear her two appeals and says Dr. Luke “has been doing everything possible in the Court of Appeals to prevent that from happening” https://t.co/8McNCuKO7X
- Pitchfork (@pitchfork) August 30, 2022
-Kesha's lawyers are asking the court to hear her two appeals and state that Dr. Luke "has been doing everything possible in the Court of Appeals to prevent that from happening."
-In a letter from August 22nd, one of Kesha's lawyers, Anton Metlitsky, asked the court the court to hear the appeals this November. According to Metlitsky, "The trial absolutely cannot proceed unless the issue presented in the appeals are resolved."
-One appeal deals with recent changes to New York's anti-SLAPP laws, stating they no longer apply to the defamation suit. This regards Dr. Luke being found as a "private figure" leading to there being a lower bar to clear to prove that Kesha defamed the producer. Kesha's team believes Dr. Luke is a "public figure" and that his team should have to prove that Kesha acted with "actual malice."
-In a letter from August 26th, four days after Kesha's team's letter, Dr. Luke's lawyer Christine Lepera opposed Kesha's team's request and arged that the courts have already said the appeal would "proceed in the normal course of briefing or argument" as well as citing scheduling conflicts throughout November. In an earlier letter from July 6th, Lepera wrote that Dr. Luke "wishes to promptly proceed with trial."
-Leah Godesky, one of Kesha's lawyers, in a letter from August 30th, wrote the judge to reiterate her request for the appeals hearing and states, "Contrary to Dr. Luke's suggestion, there is no way a trial can proceed until the Court of Appeals resolves the appeals pending before it...This is why Kesha has been doing everything possible to ensure that the Court of Appeals hears argument and rules before the February 20, 2023 trial date." In addition, Godesky accused the alleged rapist of trying to avoid going to trial.
-Dr. Luke's lawyer Jeffrey Movit filed an August 30th letter in response, saying Godesky's letter is "filled with inflammatory and incorrect assertions" and "undoubtedly was filed to further the ongoing press campaign again [Dr. Luke]."
-Lukasz Gottwald, aka Dr. Luke, initially sued Kesha for defamation in 2014, the same day she filed her suit against him, claiming that the Los Angeles producer drugged and raped her. In 2020, Justice Schecter ruled that Kesha defamed Dr. Luke when she told Lady Gaga that he assaulted Katy Perry, In 2021, Kesha's lawyers filed paperwork with the Manhatten Supreme Court, arguing that New York's anti-SLAPP free-speech law should be applied to her case.
-Kesha and Dr. Luke are expected back in court on February 20, 2023.
OP Note: Thanks for the clarification, mods!
I hope Kesha gets her hearing. It's the very least she deserves.
Sources: 1, 2
