Kesha has been in a legal battle with producer Dr. Luke (Lukasz Gottwald) for years in an attempt to get out of her contract after she claimed that he raped her.
The singer was first denied an injunction against the producer, and now New York Supreme Court Justice Shirley Kornreich has refused her amended counterclaims.
Gottwald is now suing Kesha for slander after she accused him of sexual abuse. She tried to escape her contract initially by claiming a hate crime, but the judge rejected that in April 2016 as well. In January she petitioned the court again.
“You can get a divorce from an abusive spouse,” Kesha’s countersuit began. “You can dissolve a partnership if the relationship becomes irreconcilable. The same opportunity – to be liberated from the physical, emotional, and financial bondage of a destructive relationship – should be available to a recording artist.”
Specifically, the singer claimed that Gottwald breached their contract by refusing to pay royalties and breached the covenant of good faith and fair dealing. Gottwald, on the other hand, asserted that Kesha was in fact the one that owed him money, and the judges sided with the producer.
“Here, Kesha made no showing that it would have been futile to send an appropriate notice or that she was prevented from doing so,” wrote the judge. “Thus, Kesha may not assert a counterclaim for breach of the Prescription Agreement.”
The artist claims that Dr. Luke is not allowing her to create a third album and sought declaratory relief. She cited Dr. Luke’s ending deal with Sony. “It is speculative, not justiciable, whether Sony’s contract is ending and whether it will be able to assist after this month,” the judge said in response. “Furthermore, KMI [Dr. Luke’s company] may not choose to exercise its options for future albums after the third is released. Finally, with respect to the Prescription Agreement, signed in November 2008, Gottwald’s allegedly abusive behavior was foreseeable.”
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