A New York appeals court has rejected the latest attempt by beleaguered pop star Kesha to get out of her contract with Lukasz Gottwald, known professionally as producer Dr. Luke.
According to The Hollywood Reporter, a New York judge ruled on Tuesday (May 29th) to uphold a previous decision made by another court in 2017 which denied Kesha’s attempts to break free of her contracts with Gottwald and his Kemosabe label.
The producer has been suing Kesha for defamation ever since 2014, after she accused him of sexually abuse and assault and filed to extricate herself from those contracts.
An appeals court judge upheld the decision from March last year in which New York Supreme Court Justice Shirley Kornreich supported Gottwald’s attorneys’ argument that Kesha should have provided notice of alleged contract breaches, and that her allegation of the impossibility of her performing under the deals (which she claimed, due to her troubled relationship with the producer) was based upon speculation, largely because she had released an album, Rainbow, since.
“Kesha’s proposed amendments are palpably insufficient and devoid of merit,” the decision read. “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.”
The appeals court also upheld Kornreich’s decision to force Kesha to surrender documents held by her publicist, Mark Geragos, since they related to “a discussion of a public relations strategy, and are not protected under the attorney-client privilege.”
According to separate reports by The Blast, Gottwald has filed new court documents in his defamation case, seeking damages of $50 million in what asserts were done to his professional opportunities as a result of Kesha’s sexual assault allegations.
Among other claims, Gottwald says that the damages relate to the work he didn’t do on what would have been Katy Perry’s fourth, fifth and sixth albums, when he had production credits on all of her first three.