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On 4/16/2022 at 4:21 PM, Better Mistakes said:

 Also thank you @TomTom2288 for your immaculate updates regarding Kesha's trial. You truly have kept us as a fanbase going these past few years :hug:

 

On 4/16/2022 at 6:17 PM, Zahun said:

Once again thank you so much @TomTom2288 for your efforts and kind heart of updating us with all the news and knowledge, though it’s hard for me to understand sometimes :priceless:

 

Thank y'all so much, it's a pleasure to receive all this nice feedback :weeps:

 

Spoiler

Don't hesitate to ask if you have any questions :mandown:

 

OT:

 

Since the other thread is unavailable, I will post here.

 

Today is the 100th day of Backstabber updates and it's still above +500k daily streams (+502k streams today).

  • Backstabber (total streams):                                                 65.447.211
  • Backstabber (streams gained during the last 100 days): 50.162.361
  • Daily average (last 100 days):                                                     501.623

If it continued like this, it would reach 100 million streams within 70 days :jonny:

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3 minutes ago, collin said:

The base is now Tom’s! Congrats :heart2: 

Thanks so much for the trust!

 

If anyone has ideas or suggestions as to what else to include in the OP, let me know!

 

Spoiler

I already fixed the covers in the OP

 

Edited by TomTom2288
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Seeing all the artists perform at Coachella makes me wish Kesha was performing there too :chick3: She’d have such a killer set

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BREAKING:

 

Following the dismissal of Kesha's anti-SLAPP counterclaim, the judge in the Geragos case has now dismissed the anti-SLAPP counterclaim of Mark Geragos based on the appeals court decision in Kesha's case.

 

This means that, currently, Luke has satisfied both elements of defamation in the Geragos case.

 

If you remember, Luke won summary judgment in the Geragos case in January (I posted about it in the old thread). The judge decided that the statements he made about Luke and Lady Gaga were false and defamatory per se, satisfying the first element of defamation (falsity) - the same thing that happened with Kesha and the Katy Perry text message.

 

Under the counterclaim, however, Luke would have still been forced to prove that Mark Geragos acted with malice (the second element of defamation). But now that Mark Geragos's counterclaim is dismissed, that is not required anymore. If the trial in the Geragos case happened today, it would only revolve around the damages he owes Luke.

 

It's a more severe situation compared to Kesha because there, the jury still has to decide the first element with respect to her own allegations against Dr. Luke (whether they are true), regardless of whether her counterclaim remains dismissed or not.

 

Additionally, unlike Kesha's text message which was found to be defamatory per se and which remained private (meaning that Luke most likely would not be able to recover significant damages for it even if Kesha's counterclaim remained dismissed), Mark Geragos is in a much weaker situation because his statements that were found to be defamatory per se have been published on Twitter and TMZ, so the potential harm they caused Luke would be much greater and therefore also the damages he could receive.

 

The only hope for Mark Geragos is if Kesha can either reverse or appeal the dismissal of her own counterclaim which would then necessarily also affect the counterclaim of Mark Geragos or if New York's highest court decides in Kesha's other pending appeal to New York's highest court that Luke is a public figure.. Interestingly, the lawyers for Senator Brad Hoylman who submitted his amicus brief in support of Kesha are the lawyers of Mark Geragos, so there's probably a lot of self-interest in there.

 

The judge also granted a long list of sealing requests by Mark Geragos and Dr. Luke with respect to recently filed documents. The portion of the decision that refers to these requests is redacted, so one can only speculate what these documents are referring to. Maybe Luke's second victim, but I don't know.

 

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=5FSeCbvN4ApsZzM28Sy8Uw==&system=prod

Edited by TomTom2288
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BREAKING:

 

The National Women's Law Center (NWLC) has published the amicus brief they filed in support of Kesha at New York's highest court on their website.

 

If you remember, in the old thread I posted how the National Women's Law Center and the New York State Coalition Against Sexual Assault are supporting Kesha at New York's highest court as to why her allegations should be protected by litigation privileges and therefore become non-actionable for defamation.

 

However, the brief wasn't officially filed in the court system back then.

Turns out that 36 organizations in total have co-signed this brief (see the list below)...massive support for Kesha:jonny5:

Also, the brief was submitted by Michael Bosworth (among others) who was himself a candidate for a vacancy at New York's highest court last year, underlining the impact of this case!

 

Link: https://nwlc.org/wp-content/uploads/2022/04/Gottwald-v.-Sebert-amicus-4.22.22-vF.pdf

 

Spoiler

The following organizations have co-signed the brief:

 

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Edited by TomTom2288
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On 4/15/2022 at 10:07 PM, TomTom2288 said:

UPDATE III:

 

fourth amicus brief in support of Kesha has just been filed by SENATOR BRAD HOYLMAN. He drafted and sponsored New York's amended anti-SLAPP statute and argues that it was his intention to retroactively apply the statute!!!

UPDATE:

 

Luke has just responded to all the amicus briefs in support of Kesha. He opposes all of them and devoted most pages to attacking Senator Hoylman in particular which I summarized below.

 

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On 4/20/2022 at 10:04 PM, TomTom2288 said:

The only hope for Mark Geragos is if Kesha can either reverse or appeal the dismissal of her own counterclaim which would then necessarily also affect the counterclaim of Mark Geragos or if New York's highest court decides in Kesha's other pending appeal to New York's highest court that Luke is a public figure..

The mess :rip:

 

The old thread is somewhere or it's not accessible anymore?

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1 minute ago, Recycled stardust said:

The old thread is somewhere or it's not accessible anymore?

The site was re-started a few days ago to decrease the amount of errors.

 

Old threads are temporarily unavailable because of this, but they are supposed to be accessible again eventually.

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On 4/19/2022 at 7:56 AM, TomTom2288 said:

:jonny:

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This makeup is ITTTTTT :heart: V******* you are not missed!

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On 4/22/2022 at 1:42 PM, TomTom2288 said:

BREAKING:

 

The National Women's Law Center (NWLC) has published the amicus brief they filed in support of Kesha at New York's highest court on their website.

They also tweeted about it:

 

 

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  • 2 weeks later...

BREAKING:

 

Mark Geragos has lost an appeal in the Geragos lawsuit and must turn over many documents his lawyers (improperly) logged as privileged to Dr. Luke.

 

In the trial court, Mark Geragos withheld some documents from Luke that he requested concerning:

  • internal communications between the lawyers at the Geragos firm from shortly before and after Luke filed his defamation lawsuit against him
  • communications between Mark Geragos and Kenneth Meiselas who at that time was a lawyer for both Kesha and Lady Gaga
  • communications between Mark Geragos and Sunshine Sachs (his PR firm which was simultaneously also Kesha's PR firm)
  • communications between Mark Geragos and Vector Management (Kesha's management)

The trial court decided that Mark Geragos must produce these documents and the appeals court affirmed, citing mainly the previous decision in the Kesha case which forced Kesha to produce her internal communications with Sunshine Sachs to Dr. Luke which he then consistently used against her in the press.

 

It can be expected that the documents reveal Kesha's degree of dissatisfaction with Mark Geragos's tweets about Dr. Luke and Lady Gaga which are the subject of the Geragos lawsuit. If you remember, previously it was revealed that Kesha said she would "rip (Mark Geragos) a new ass****" for those tweets and that Lady Gaga's lawyers sent a cease & desist letter to Mark Geragos.

 

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=OAWmqahDbC127Ii3Or9ltQ==

Edited by TomTom2288
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What a pathetic human being :bibliahh:

 

Edited by TomTom2288
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BREAKING:

 

Gottwald v. Sebert has reached a new level of impact!

 

5 days ago, Senator Brad Hoylman (who submitted the amicus brief in support of Kesha and co-authored NY's amended anti-SLAPP statute) introduced a new bill to the New York Senate Judiciary Committee that "relates to strategic lawsuits against public participation".

 

Among other things, the draft amendment makes clear that New York's amended anti-SLAPP statute was supposed to apply retroactively by replacing the "shall take effect immediately" language of the current version (which the appeals court in Kesha's case interpreted as not being retroactive) with the addition "and shall apply to actions pending on or filed on or after November 10, 2020".

 

The bill justification states that this change is necessary "because the Appellate Division in Gottwald v. Sebert held otherwise".

 

So, Senator Hoylman uses the decision in Kesha's case as a reason to change the text of the statute to make clear it was supposed to apply retroactively.

 

This means that, even if Kesha loses her current motion to reargue or appeal the dismissal of her counterclaim (as part of which all the amicus briefs were filed), she would STILL get her counterclaim back if this bill gets approved by the New York Legislature.

 

To sum up: Kesha is changing the legal landscape and she's gonna get her counterclaim back one way or the other, either through the courts or with the help of the NY legislature.

 

Link: https://www.nysenate.gov/legislation/bills/2021/s9239

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