Kesha Rape And Abuse Claims Dismissed By Judge
Thu, 07 Apr 2016 10:04:36
Kesha's rape and abuse claims against Dr. Luke have been dismissed by a New New York Supreme Court judge. In a 27-page decision, seven of eight of Kesha's claims against Dr. Luke were dismissed. New York Supreme Court Justice Shirley Kornreich, "also rejected Kesha's request to amend her complaint, finding that "there is nothing in the record from which the court can determine whether the amendment would be meritorious,"" reports Pitchfork.
Pitchfork goes on to report, "On Kesha's claims that Dr. Luke violated the New York statutes commonly known as "hate crime" laws, Kornreich ruled that Kesha failed to allege Dr. Luke "harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha." The judge added, "Every rape is not a gender-motivated hate crime."
Kornreich also rejected Kesha's suggestion that the "hate crimes" claims could be based on all of Dr. Luke's alleged abusive remarks and threats for 10 years starting in 2005. "It is clear that the statute requires physical violence or property damage," the judge wrote, and the only claims that fit were Kesha's allegations that Gottwald assaulted her on an airplane in 2005 and raped her in his hotel room in 2008. Those incidents were beyond the statute of limitations, according to the ruling.
As for Kesha's claim that Dr. Luke intentionally inflicted emotional distress, the judge rejected that, too. "Other than the 2005 and 2008 incidents," which are time-barred, Kornreich wrote, Kesha's abuse allegations didn't state a time, place, or specific type of conduct. "Her claims of insults about her value as an artist, her looks, and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilized society," the judge found.
Kornreich also rejected Kesha's request for a judgment that her deals with Dr. Luke are void because he and his business entities sued her for damages instead of "specific performance"—in other words, because Dr. Luke sued Kesha seeking monetary damages instead of seeking a court order that she perform a specific act. Among other reasons, the judge cited the fact that Dr. Luke's contracts with Kesha are for her personal services. "Courts generally will not enforce a contract for personal services because slavery has been outlawed since the 19th century," Kornreich wrote.
The claim that wasn't dismissed related to contractual issues. Kornreich set an April 13 appointment for a conference call to discuss a schedule for this part of the lawsuit.
Kesha's claims in the New York court were technically counterclaims filed in response to Dr. Luke's defamation lawsuit against her. Her initial lawsuit, filed in October 2014 in a California court, was set aside in June by a Los Angeles judge because her contracts stipulated that disputes would go through New York. It wasn't immediately clear when the California case might resume."
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—The ARTISTdirect Staff