Kesha accuses her former music producer Dr. Luke and his legal team delay in their highly anticipated defamation trial.
The singer’s attorney, Leah Godesky, filed a new application with a New York judge on Tuesday, which was obtained by: rolling stoneexpressing concern that the trial could be jeopardized if Kesha’s two pending appeals remain unresolved.
“Kesha has an overwhelming interest in the trial going as planned on February 20, 2023, not only so that she can seek justification, but also so that she can put this ordeal behind her and move on with her life,” Godesky wrote.
Accusation: Kesha accuses her former music producer Dr. Luke and his legal team delay in their highly anticipated defamation trial. The singer’s attorney, Leah Godesky, filed a new filing with a New York judge on Tuesday, obtained by Rolling Stone, expressing concern that the trial could be jeopardized if Kesha’s two pending appeals remain unsolved. .
Kesha’s lawyer said the Tik Tok hitmaker is “eager” to confront her former associate in court next year and is actively trying to “speed up the proceedings at the Court of Appeal.”
Kesha’s attempts to expedite briefing deadlines so that pleadings in both appeals can be heard in October or November this year have been rebuffed by Dr. Luke and his legal team.
Kesha has therefore done everything in her power to ensure that the trial starts as planned, including by trying to expedite the proceedings before the Court of Appeal. dr. Luke has hindered her efforts every step of the way,” Godesky wrote.
Although Dr. Luke recently stated in a letter to the judge that her client is “ready and willing to proceed with the process” with Kesha’s two pending appeals, Godesky stated firmly that the “trial cannot proceed without a resolution of these issues.
“Kesha has an overwhelming interest in the trial going as planned on February 20, 2023, not only so that she can seek justification, but also so that she can put this ordeal behind her and move on with her life,” Godesky wrote; dr. Luke and Kesha seen in 2011
“It would be a huge waste of party and judicial resources to go to trial when there is a very real risk that a retrial would be required immediately, as would be the case if the Court of of the various questions currently before it.
‘A prompt resolution of the pending appeals is essential before the process can begin.’
One of Kesha’s pending appeals relates to an earlier ruling that Dr. Luke is considered a private person and not a public figure.
This means that he and his legal team only need to prove that Kesha acted with negligence, but not intentionally, when she made her allegations of wrongdoing.
Her second appeal concerns the appeals court’s ruling earlier this year that she could not go after Luke (real name Lukasz Sebastian Gottwald) for her legal costs.
Rejected: Kesha’s efforts to expedite briefing deadlines so that pleadings in both appeals can be heard in October or November this year have reportedly been rejected by Dr. Luke and his legal team; Kesha seen in 2021
Not going to happen: Although Dr. Luke recently stated in a letter to the judge that her client is “ready and willing to proceed with the process” with Kesha’s two pending appeals, Godesky stated firmly that the “trial cannot proceed without a resolution of these issues; dr. Luke seen in 2013
Kesha received a request from a judge in late June 2021, allowing her to retroactively apply a New York free speech law to stop Dr. Luke to pay her legal fees, although he appealed that ruling a month later.
The New York Free Speech Act was passed in an effort to curb lawsuits brought by the rich and powerful to suppress free speech.
Manhattan Supreme Court judge Jennifer Schecter agreed that New York law could be retroactively applied to the lawsuit against Kesha and Dr. Luke, while also granting Kesha’s request to file counterclaims against Dr. Luke, and Dr. Luke responsible for her legal costs if she won the defamation lawsuit.
The producer appealed the ruling in July, with a judge sided with him in March 2022.
The judge stated that when the Freedom of Speech Act was amended in 2020, it “did not specify that the new legislation should be applied retroactively.”
‘Essential’: ‘A prompt resolution of the pending appeals is essential before the process can begin,’ wrote Godesky; Kesha seen in 2022
Legal battle: The legal battle began in October 2014 when Kesha Dr. Luke sued for sexual assault and assault, claiming that his abuse led her to develop an eating disorder; Kesha seen in 2016
In a letter of reply sent Tuesday by Dr. Luke was sent to Rolling Stone, they shot back at Kesha’s claims by claiming the pop star’s lawyers are responsible for the delays in court proceedings over the years.
They also mentioned the letter recently sent to the judge two weeks ago regarding their client’s alleged “willingness” to proceed, but the star’s appeals are still pending.
“As our own letter to the court makes clear, Dr. Luke ready and willing to hear the case in February and is looking forward to winning the trial,” the producer’s team wrote on Tuesday.
“It’s Kesha’s lawyers who have delayed the case for years by endlessly filing baseless appeals, which they have lost time and time again. If the case is not heard in February, it will be solely due to the fact that Kesha’s lawyers decided to appeal again – this time from two decisions that again found her wrong in the Appeals Chamber.”
The legal battle first began in October 2014 when Kesha Dr. Luke sued for assault and assault, claiming that his abusive behavior led her to develop an eating disorder.
Back and forth: The singer claimed that Dr. Luke drugged and raped her, and also publicly accused him of raping singer Katy Perry. dr. Luke immediately fired back with a defamation lawsuit of his own, alleging that Kesha slandered him with her false claims when she texted Lady Gaga that Dr. Luke had raped Katy Perry; Kesha seen in 2020
The singer claimed that Dr. Luke drugged and raped her in 2005, and in 2016 she also publicly accused him of raping singer Katy Perry.
dr. Luke immediately fired back with a defamation lawsuit of his own, claiming that Kesha slandered him with her false claims when she texted Lady Gaga that Dr. Luke had raped Katy Perry.
Perry denied that Dr. Luke had raped her in a statement and the judge ruled that Kesha slandered her former producer.
The judge also ruled that Kesha Dr. Luke is to pay $373,000 in interest for her late payment to him for more than $1.3 million in royalties.
Kesha announced in January that her Kesha Live tour would continue this spring, with dates starting in March.
She also announced a second cruise tour departing April 1, 2022.
However, both the spring tour and cruise dates were later canceled for unknown reasons.