Singer and songwriter Kesha will come head to head in a trial against Sony music producer “Dr. Luke” Gottwald, who she alleged raped her, in addition to emotionally and verbally abusing her for a decade, according to People. On Tuesday, a New York appeals court once again blocked Kesha Rose Sebert’s countersuit and affirmed the judge’s decision.
The Appellate Division’s First Department said in a ruling that Kesha’s amendments were “insufficient and devoid of merit” because they were based on unanticipated events.
Luke has denied the allegations from the beginning and countersued Kesha for breach of contract and defamation. In February 2016, Luke tweeted that he did not rape Kesha, nor did he ever have sex with her. Dr. Luke said that he and Kesha were friends for many years and that she was like his little sister.
Dr. Luke is suing the “Tik Tok” singer for smearing his reputation through her allegations of sexual abuse. As a response, Kesha has made various attempts to have her agreements with the music producer terminated.
In Kesha’s countersuit, she declared that it is legally permittable to get a divorce from an abusive spouse and that you are free to dissolve the partnership if the relationship becomes irreconcilable. The singer stated that she wants the same freedoms to be liberated from the “physical, emotional, and financial bondage of a destructive relationship,” as a recording artist from her record deal with Dr. Luke’s former label, Kemosabe Records.
Back in March 2017, New York Supreme Court Justice Shirley Kornreich did not allow Kesha to move forward with her countersuit, according to the Hollywood Reporter.
The singer said that she was owed royalties, and it would be impossible to perform under the previous deals she struck because of the tumultuous relationship.
It was agreed upon by Kornreich and Dr. Luke’s attorneys that Kesha should have provided notice of alleged contract breaches.
It was also agreed upon that her allegation of the impossibility of performance was grounded on “speculation,” according to documents provided by New York’s First Department.
“Her counterclaim seeking declaratory relief terminating the agreements on the ground of impossibility and impracticability of performance was speculative, contradicted by her own allegations that she had continued performing under the agreements and, as to at least one of the agreements, the impossibility was not produced by an unanticipated event that could not have been foreseen or guarded against.”
After the decision came out, Kesha released a new album called Rainbow and is preparing for a summer tour. When discussing her new album, Kesha said that she would write and her pain turned into art and the art turned into healing and subsequently, the healing turned into a record and then she was nominated for a Grammy.
With the transformation of her latest album from pain to healing, of course, the singer preferred that Dr. Luke does not benefit from her work. However, her counterclaims have gone nowhere, according to the Hollywood Reporter.
Kesha suffered a couple of losses such as wanting the New York court to apply California’s seven-year rule limiting personal service contracts and the appeals court upholding Kornreich’s decision to force Kesha to produce documents held by her PR firm and former lawyer, Mark Geragos.
Kesha opened up to Cosmopolitan about perseverance in the upcoming June issue. The singer said that she has taken ownership of herself and added that she’s taking control of her life, her name, and the music attached to it.
When rising to fame in 2009, Kesha said that she thought that she had to be very tough and strong to give off an unapologetic attitude. The singer said that it wasn’t the case and she was pretending as if everything was great all of the time.
Kesha said that she has become stronger but is no longer “a sad sap.” The singer said her upcoming show has a couple of ballads, but overall, will be extremely fun. Kesha said that she’s not going to be “less crazy” and that there will be an awesome live band, dancing, and of course, glitter. The singer promised fans that “there will always be glitter.”