fan base Kesha

[queenoftheclouds]

On 12/19/2022 at 3:15 AM, TomTom2288 said:

One of the producers worked with The Struts with whom Kesha was recording for the first scrapped version of High Road in 2018, so it could be. But I feel like it would be odd to share a 4 year-old pic without a disclaimer that it's not recent .

It could be true. Doesn't she has dark Hair since 2019?

It's confussing to be honest.

She posts pics where her hair is blonde and then it's Brown a day later.

[Vixen Eyes]

2 hours ago, queenoftheclouds said:

It could be true. Doesn't she has dark Hair since 2019?

It's confussing to be honest.

She posts pics where her hair is blonde and then it's Brown a day later.

she recently dyed it back to blonde (this post is Dec 7)

https://www.instagram.com/p/Cl4YFkVJA9R/

 

that posting pics where shes blonde vs brunette is really just her posting throwback pics or promo pics from Conjuring Kesha (when she was blonde in 2021) and her then-recent selfies from 2022

Edited December 22, 2022 by Vixen Eyes

[queenoftheclouds]

1 hour ago, Vixen Eyes said:

she recently dyed it back to blonde (this post is Dec 7)

https://www.instagram.com/p/Cl4YFkVJA9R/

 

that posting pics where shes blonde vs brunette is really just her posting throwback pics or promo pics from Conjuring Kesha (when she was blonde in 2021) and her then-recent selfies from 2022

But what about the recent going out Pictures?

[Vixen Eyes]

On 12/22/2022 at 4:01 AM, queenoftheclouds said:

But what about the recent going out Pictures?

https://www.instagram.com/iiswhoiis/

she hasnt posted anything on instagram since the 'shes back *******' post other than a new blonde mini photoshoot and a second Warrior anniversary post

this is from december 15th and shes blonde here

https://www.dailymail.co.uk/tvshowbiz/article-11542701/Kesha-walks-arm-arm-mystery-man-night-LA-four-months-PDA.html

[Keshasbxtch]

On 12/19/2022 at 3:07 PM, TomTom2288 said:

The Amber Heard settlement is really uplifting from a Kesha perspective.

 

Johnny Depp obviously was scared shitless she would win her appeal of the jury verdict and that's why he settled for a meagre 1 million dollars without any admissions of guilt and no non-disclosure agreement which makes it seem like a relative victory for Amber Heard, despite her losing the trial.

 

Now, if Kesha wins her pending appeals at New York's highest court, she can really CRUSH Luke and get an absolute victory (instead of a relative one) without a trial at all in the best case. 

 

It's reassuring to see how quickly the tides have turned within the last few months between the jury verdict and today's settlement and I'm sure the same is possible for Kesha, but in a much stronger way (provided the stars will align for us at New York's highest court).

Sorry for the stupid question but what is being appealed at the NY highest court. What what does that really mean? 

[selena_lavigne]

lemme stream Cannibal while we wait for news. 

fingers crossed it comes in the new year 

Edited December 23, 2022 by selena_lavigne

[Better Mistakes]

Merry Christmas to my favourite boogie warriors. I hope you have a boogie filled day full of ghosts in your vaginas from prince’s house that Kesha once broke into!!

[Vixen Eyes]

9 hours ago, Better Mistakes said:

Merry Christmas to my favourite boogie warriors. I hope you have a boogie filled day full of ghosts in your vaginas from prince’s house that Kesha once broke into!!

 

(theres a diff photo i found which i would have used but idk what ATRL's nsfw policy is regarding tattoos)

[TomTom]

On 12/20/2022 at 3:51 AM, CroNich said:

And whats the actual likelihood of Kesha winning at this point, I'm struggling to keep up with whats been going on. 

 

On 12/23/2022 at 5:59 PM, Keshasbxtch said:

Sorry for the stupid question but what is being appealed at the NY highest court. What what does that really mean? 

I talked about it extensively in the old Base and also this one (see here, here, here, here, here and here).

 

Full summary:

 

 

 

I. Proceedings 

Kesha's first appeal at New York's highest court:

In November 2018, Kesha and Dr. Luke filed motions for summary judgment on a variety of issues after four years of discovery (2014-2018) had been completed. That means, judgment on issues of law that will affect the trial, but can be decided by a judge based on the papers without a jury.

In February 2020, the judge rendered a 32-page decision and sided with Dr. Luke on almost every issue in determining that:

 

1. Dr. Luke is not a public figure and therefore does not have to prove Kesha acted with "actual malice" at trial in making her allegations about Dr. Luke (that means, Dr. Luke ONLY has to prove that Kesha's allegations are false in the eyes of the jury to convict her for defamation and not that she intentionally made them to destroy his reputation which is the rule for public figures a.k.a celebrities).
2. A jury has to decide whether litigation-related privileges privileges apply to Kesha's allegations outlined in official court documents which would render them non-actionable (that means, one usually can not be sued for statements in judicial proceedings to protect people from getting sued merely for a filing lawsuit, but the judge did not apply this principle in this case, as described below).
3. Kesha is personally liable for all statements Mark Geragos and her PR firm ever made about Dr. Luke.
4. A jury has to decide whether Kesha can be held personally liable for statements Pebe and Michael Eisele (@KeshaToday) made about Dr. Luke.
5. Kesha's text message to Lady Gaga alleging Dr. Luke raped Katy Perry is defamatory per se.
6. Kesha has to pay Dr. Luke 374k dollars in unpaid interest rates for belatedly delivered musical compositions.

 

Kesha appealed all issues except the last one. In New York, you can appeal almost every type of pre-trial decision (so-called "interlocutory appeals") and not simply final judgments like in most US states and that is the reason why this litigation is still ongoing after 8 years.

Oral argument was held on Kesha's appeals at the Appellate Division, First Department (one of New York's four intermediate appeals courts covering Manhattan) in November 2020.

In April 2021, the Appellate Division affirmed the summary judgment on all issues that Kesha appealed in a 19-page decision - except there was a double dissent by two judges (3 : 2) on the question whether Dr. Luke is a public figure or not.

Kesha then filed a motion to appeal the public figure question and the litigation privilege question (see bolded above) to the Court of Appeals (New York's highest court). 

In July 2021, the Appellate Division, First Department granted Kesha's motion to appeal those two issues to the Court of Appeals where it remains waiting for oral argument after being fully briefed since November 2021.

Kesha's second appeal at New York's highest court:

In April 2021 - a few weeks before the Appellate Division affirmed the summary judgment - Kesha filed a motion to assert an anti-SLAPP counterclaim against Dr. Luke based on New York's amended anti-SLAPP statute from 2020.

Most US states have implemented anti-SLAPP laws against so-called SLAPP suits meant to intimidate and silence victims by deterring them from coming forward via financially draining and emotionally burdensome litigation. The New York anti-SLAPP statute from 1992 got amended in 2020 to 1) make proving "actual malice" mandatory for all plaintiffs if the defendant spoke about an issue of "public concern" and not simply in case the plaintiff is a public figure, 2) make the award of attorneys fees mandatory for the defendant after proving that the plaintiff commenced the lawsuit "without a substantial basis in fact and law" and 3) allow defendants to recover compensatory and punitive damages if they prevail at trial.

Dr. Luke opposed on the grounds that he argued applying the amended anti-SLAPP statute retroactively to this lawsuit which had already been pending for 6 years before the statute got amended would violate his due process rights.

In June 2021, the trial court heard oral argument on Kesha's motion and ultimately sided with Kesha in determining that the amended anti-SLAPP statute should apply retroactively to claims pending when the statute got amended.

Dr. Luke appealed and in March 2022, the Appellate Division, First Department reversed - holding that New York's amended anti-SLAPP statute does not apply retroactively to cases pending at the time the amendments became effective (contrary to more than a dozen trial court decisions which held the opposite). Kesha reacted on Instagram.

Kesha then once again filed a motion to appeal this question to the Court of Appeals and was supported by five different amici (see above), one of them being Senator Brad Hoylman who drafted and sponsored the amended anti-SLAPP statute and told the Appellate Division that it was his intention to apply the law retroactively (see the linked thread above).

In June 2022, the Appellate Division granted Kesha's motion to appeal the retroactivity question to the Court of Appeals where it is waiting for oral argument after being fully briefed since October 2022.

Soon after Kesha was allowed to appeal this issue to the Court of Appeals, Dr. Luke tried to stall the process by requesting that Kesha's two appeals should be argued separately (public figure/litigation privileges first and retroactivity later on). Kesha opposed on the grounds that the appeals are related and should therefore be heard together and the Court of Appeals ultimately sided with Kesha in deciding to hear both appeals on the same day.

Those two appeals are the reason why the jury trial still has not happened and had to be adjourned twice - first from October 2021 to February 2023 after Kesha's motion to appeal her first appeal to the Court of Appeals was granted and then again from February 2023 to July 2023 after Kesha's motion to appeal her second appeal to the Court of Appeals was granted. It may have to be adjourned for a third time if the court does not place her appeals on its calendar for the next sessions.

II. Legal discussion:

Kesha's first appeal at New York's highest court:

Public figure:

There are two types of public figures: general-purpose public figures (people who are so famous that basically everyone knows them) and limited-purpose public figures (people with notoriety in a specific community or industry or a specific "controversy" ).

The Appellate Division held that neither category applies to Dr. Luke, while Kesha maintains that both of them do. According to the Appellate Division majority, Dr. Luke only achieved significant notoriety through Kesha's lawsuit and the artists he worked with which is why he can not be classified as general-purpose public figure and neither can he be classified as a limited-purpose public figure because he never "injected" himself into the "controversy" of this lawsuit (sexual assault in the music industry) before Kesha filed her lawsuit - reasonings that the dissenters disagreed with.

The dispute centers mainly on the question whether the very rigorous Supreme Court and federal precedent or the much more liberal New York precedent should be controlling in this case when it comes to defining what being a public figure means.

If Dr. Luke wins this, someone like Harvey Weinstein may not be deemed to be a limited-purpose public figure anymore in a future lawsuit because he did not "inject" himself into the "controversy" of sexual assault in the movie industry. So, basically, if a wealthy and famous abuser simply decides not to comment on the things he is accused of, he can avoid being classified as public figure and having to prove actual malice (assuming anti-SLAPP statutes didn't exist).

Notably, if Kesha wins her second appeal that the anti-SLAPP statute applies retroactively, she does not need to win this issue/the court does not need to decide it because Dr. Luke will have to prove actual malice anyways regardless of whether he is a public figure or not.

Litigation privileges:

Contrary to Amber Heard, Kesha did not write an op-ed outlining all of her allegations against Dr. Luke. Rather, Kesha's lawsuit itself is the basis for Dr. Luke's defamation lawsuit.

Usually, statements made in judicial proceedings can not be actionable for defamation because then every person who simply files a lawsuit could be subject to a retaliatory defamation lawsuit.

However, the precedent of the Appellate Division, First Department includes a so-called "sham exception" which allows statements made in judicial proceedings to become actionable if the lawsuit was a "sham" designed "solely to defame the defendant".

Dr. Luke argues that Kesha's California lawsuit is a "sham lawsuit" that was only designed to pressure Dr. Luke to release her from her contracts because of the Sunshine Sachs PR e-mails stating that Kesha wants to unleash a "deluge of negative media attention" against Dr. Luke "based on the horrific personal abuses presented in the lawsuit" and because she withdrew her California lawsuit in 2016.

Kesha argues that the Court of Appeals never adopted a "sham exception" before and that all cases that have adopted the "sham exception" turned on whether the lawsuit was actually litigated or not (so, whether the plaintiff did anything to prosecute the case) and not what the motive for filing the lawsuit was because that would basically nullify the very purpose of the litigation privilege since every lawsuit could be characterized as a "sham lawsuit" under that rule.

If Dr. Luke wins this, every sexual assault survivor or abuse victim in New York who filed a lawsuit against the perpetrator without anything else is not protected anymore and can be sued for defamation.

Kesha's second appeal at New York's highest court:

Usually, courts look at a variety of factors in determining whether a law is retroactive or not: the text of the statute, the legislative history, the legislative purpose, etc.

Here, that should have resulted in applying the anti-SLAPP statute retroactively to Kesha's case. The statute wants to guarantee the "utmost protection of free speech" which would be undermined by not applying it retroactively, the statute says that it applies to cases "commenced or continued" after it took effect in November 2020, a draft version of the statute included a provision that it should only apply to cases "filed on or after" it took effect which was ultimately deleted from the final version of the statute and the Rent Stabilization Association sent a letter to Governor Cuomo urging him to restore this deleted provision because the law would be retroactive otherwise which the Rent Stabilization Association did not want.

Nevertheless, the Appellate Division found all this not persuasive enough and not explicit enough to make the statute retroactive and therefore reversed the decision that Dr. Luke appealed.

If Dr. Luke wins this, then every future statute or law in New York that does not explicitly contain the word "retroactive" (regardless of comparable language) can never be applied retroactively ever again even if the legislative history, the legislative intent and other factors make it clear that retroactivity was the goal and even if the creators of the statute (like Senator Hoylman in this case) explicitly tell the court that retroactivity was the goal of the statute. In other words, a statute can not be applied to help the very people it was created for in the first place.

Outlook:

Generally, an appeal (or two in this case) that ends up before the highest court of a US state can turn out either way because it wouldn't have landed there in the first place if there weren't good arguments on both sides.

Here, however, I'm very confident that Kesha can win both of her appeals. Both as a matter of public policy and legally speaking Kesha should win because everything else would have a chilling effect on defamation defendants and would only work by disregarding the substantial New York and Court of Appeals precedent that contradict the decisions that handed Dr. Luke these wins.

Additionally, Kesha's lawyers had four cases at the Court of Appeals and won every single one of them so far + her appellate lawyers is one of the top appellate lawyers in the US who has clerked for both Attorney General Merrick Garland and Chief Justice John Roberts of the US Supreme Court. As far as I can see, none of Dr. Luke's lawyers even argued a case there before and neither does he have appellate lawyers who are specialized in appeals like this one, unlike Kesha. If Kesha lost these appeals, it would be the first defeat for her lawyers at this court.

Of course, none of that is a guarantee as to how things will turn out.

III. Impact:

General:

The decisions of the Court of Appeals are binding on all New York state courts and can be used as precedent by other state supreme courts in the US. They can only be appealed to the US Supreme Court in rare instances if an issue of federal law is involved and the US Supreme Court decides to hear the case. The bar to get a case to the Court of Appeals is insanely high as only 1-2% of all motions to appeal a case to the Court of Appeals are successful and Kesha's scenario of having two simultaneous appeals at the Court of Appeals on distinct issues from the same case is probably unprecedented in New York history.

Some of the precedent at issue in Kesha's appeals is almost 50 years old and could be overturned if the court sides with Dr. Luke, many pending New York cases are directly affected by the outcome of Kesha's appeals and the decision will be cited as precedent for decades to come, regardless of what the outcome will be.

For this lawsuit:

The outcome of these appeals has the potential to either deal a potentially fatal blow to Dr. Luke's case before the jury trial even begins or crush Kesha's hopes to get any kind of justice whatsoever regardless of who ultimately prevails at trial. The stakes could not be any higher for both of them and the oral argument of these appeals will be the single most important event of the entire lawsuit so far.

If Kesha loses both of her appeals and the court decides that one of the most successful producers of all time is not a public figure, ordinary lawsuits can be actionable for defamation and the anti-SLAPP statute does not apply to the very cases it was enacted for, it will embolden defamation plaintiffs and abusers all across New York and potentially the US to continue trying to silence their victims.

On the other hand, if Kesha wins both of her appeals, she can turn the tides around completely and potentially defeat Luke (and possibly force him into a settlement) without even going to trial since the entire basis of his case vanishes if he can not sue Kesha for the allegations she made as part of her lawsuit and becomes liable for dozens of millions of dollars in legal fees and damages if he does not win the jury trial which will be substantially harder for him if he must prove Kesha acted with actual malice (more difficult than for Johnny Depp since Kesha always maintained she was unconscious when Dr. Luke sexually assaulted her, so it may not be malicious for her to believe that that happened in the eyes of the jury).

The legal impact that the decision on these appeals will have will vastly exceed everything that happened in the Johnny Depp v. Amber Heard trial since the only appeal of the jury verdict in that lawsuit to the intermediate appeals court in Virginia has already been withdrawn and New York itself is much more important than Virginia.

Other:

Kesha's appeals come at a time when New York's ideologically polarized highest court is at crossroads over its future direction. I've already talked about the chief judge vacancy on the 7-member court whose replacement could single-handedly make or break Kesha's appeals. This month, Governor Hochul nominated a candidate to fill the vacancy who is being opposed by so many progressive senators that she now needs votes of Republican senators to confirm his nomination.

However, that is politically undesirable and could also be unfeasible given that Judiciary Committee Chairman (and certified Kesha stan) Brad Hoylman announced he will oppose a vote by the full Senate on the nomination if Republican votes are necessary for confirmation, potentially killing the nomination even before a vote and leading to the first rejection of a judicial nominee in New York history.

The outcome of this judicial thriller will be significant for Kesha.

 

Edited December 31, 2022 by TomTom2288

[Vixen Eyes]

anyone know what the **** happened to these remixes?

 

[Child of the Moon]

Wreckless Eyes would be a cute lead single now that I'm thinking about it  it's currently my fav of the most recent leaks

 

also happy new year y'all <3 may 2023 finally bring us a slayful K5 and freedom at last!

[gettsleazy]

Saying it again to manifest it -- not putting Slide on the album will be such a waste. It just sounds like a TikTok ready hit. I added it into the rotation at a kiki recently and people loved it.

[Vixen Eyes]

46 minutes ago, gettsleazy said:

Saying it again to manifest it -- not putting Slide on the album will be such a waste. It just sounds like a TikTok ready hit. I added it into the rotation at a kiki recently and people loved it.

id be adding all of Kesha's unreleased here and there if i had friends to hang out with

specifically

• Pretty Lady
• Dancing with the Devil
• Slide
• Chain Reaction
• This Tattoo
• Throw 'Em Up (Woo Hoo) - the new "paid/laid" leaked version
• Child of the Moon
• Red Lipstick
• U Better Know
• Backstabber - demo
• Only Wanna Dance with You - demo
• I'm Trying
• **** You Pay Me
• Pageantry
• Last Boyfriend

Edited January 4, 2023 by Vixen Eyes

[Vixen Eyes]

imagine if we got an album full of this

1. Never Know 'Bout Love
2. Dancing Under the Influence
3. Chain Reaction
4. Butterscotch - demo 3 (the 'spooky' intro)
5. Get in Line - final ver without autotune
6. Ur Not My Daddy
7. U Better Know
8. Last Boyfriend
9. Guilty Pleasure
10. Strange Love
11. Too Much (More is the Cure)
12. True Love
13. Shots on the Hood of My Car
14. Bad Dream
15. Lovers in the Deep End
16. Mouth

[TomTom]

Billboard has named the upcoming jury trial as one of three top stories to watch in 2023 in music law.

 

 

https://www.billboard.com/pro/music-law-2022-year-in-review-taylor-swift-cardi-b-young-thug/

 

A few days ago, Puck News named the upcoming jury trial as one of the most explosive defamation trials for 2023.

 

 

https://puck.news/will-s-b-f-make-a-deal/

[Zahun]

On 1/4/2023 at 2:48 PM, gettsleazy said:

Saying it again to manifest it -- not putting Slide on the album will be such a waste. It just sounds like a TikTok ready hit. I added it into the rotation at a kiki recently and people loved it.

This. Slide has been my most favorited unreleased track lately. And I would be fine if she put Pageantry, Flowers in the rain on K5 too.

 

On 1/3/2023 at 12:17 AM, Child of the Moon said:

Wreckless Eyes would be a cute lead single now that I'm thinking about it  it's currently my fav of the most recent leaks

Just listened to it and it reminds me of What about us by P!nk which is also a cute lead single 

[TomTom]

Today, New York's highest court granted a motion by the National Women's Law Center, Equal Rights Advocates and Legal Momentum to file an amicus brief in support of Kesha as part of her anti-SLAPP appeal .

 

This is the third amicus brief these organizations filed in support of Kesha - after the litigation privileges amicus brief for her other appeal and the anti-SLAPP amicus brief from April at the Appellate Division. This brief is a slightly modified version of the brief they already filed at the Appellate Division.

 

Their commitment to help Kesha is truly outstanding 

 

Edited January 5, 2023 by TomTom2288

[HEIDI]

Kesha fans are sexy

[Vixen Eyes]

i need the downfall of luke to speed up STAT

[Better Mistakes]

Manifesting victory for her this year

[Bussea]

https://classic.atrl.net/forums/showthread.php?t=400977

[CroNich]

Lets go Kesha!! Take down that rat once and for all.

 

I honestly feel like regardless of the outcome of the case its going to be a big headline, and definitely garner some attention for Ms. K. The public outrage if she ends up losing... we are not ready I fear (although I hope it never comes to that). 

[TomTom]

On 1/5/2023 at 8:32 PM, TomTom2288 said:

Today, New York's highest court granted a motion by the National Women's Law Center, Equal Rights Advocates and Legal Momentum to file an amicus brief in support of Kesha as part of her anti-SLAPP appeal .

 

 

 

[Vixen Eyes]

i havent been following too closely, but do these 2023 court dates have anything to do with the abuse allegations? or simply the contractual/legal mess?

[TomTom]

7 hours ago, Vixen Eyes said:

i havent been following too closely, but do these 2023 court dates have anything to do with the abuse allegations? or simply the contractual/legal mess?

Her pending appeals relate only to the drugging and rape allegations because that is what Luke claims to be defamatory. That is the heart of the case. However, everything contractual will play a big role at trial because the contractual aspect is intertwined with the drugging/raping allegations since Luke claims Kesha lied to get a better and then out of her contract and Kesha claims the bad contracts are part of his abuse to silence her.

 

Luke did sue her at first for her non-rape-related allegations too, but he is not actively prosecuting these allegations anymore since 2018.