Dr. Luke is currently suing Kesha for “smearing” him through allegations of sexual abuse. This has prompted Kesha to try and have her contractual agreements with the producer terminated in a countersuit against him.
Accorder to the Reporter, Kesha’s countersuit opened with the following statement: “You can get a divorce from an abusive spouse. 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.”
In March 2017, Kesha claimed that she was owed royalties and that it would be impossible for her to perform under the contract due to an acrimonious relationship with Dr. Luke. New York Supreme Court Justice Shirley Kornreich ultimately sided with Dr. Luke’s attorneys, ruling that Kesha’s allegation of not being able to work under a tenuous circumstance was grounded upon speculation, citing the possible expiration of deals and attempts to allow her to work with producers other than Dr. Luke.
Today provided more bad news for the singer’s countersuit. “Kesha’s proposed amendments are palpably insufficient and devoid of merit,” a decision (read here, via THR) by New York’s First Department reads. “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.”
Further, the appeals court also upheld Kornreich’s decision to force Kesha to produce documents held by her PR firm and former attorney Mark Geragos for the coming defamation suit by Dr. Luke. Without any further appeals, the defamation claim by Dr. Luke will be the only one considered in the coming trial between him and the pop star.