celeb news Billboard: Kesha Suffers Another Defeat In Dr. Luke Defamation Case

[Alfred]

https://www.billboard.com/business/legal/kesha-another-defeat-dr-luke-defamation-lawsuit-1235059464/amp/
 

Quote

Years into the case, Kesha’s attorneys discovered handwritten notes taken in 2006 by Gregory Clarick, an attorney who represented Kesha in a previous clash with Dr. Luke. The notes purportedly showed that Kesha had disclosed to Clarick an incident in which Dr. Luke gave her a pill that caused her to black out on the night she claims he raped her.

But in October, the trial judge overseeing Dr. Luke’s case refused to allow Clarick’s notes into evidence. She ruled that the notes had never been disclosed during “years of voluminous document discovery and throughout dozens of depositions” and that Dr. Luke might have adopted a different strategy if they had been. “Discovery deadlines are intended to prevent exactly this,” the judge wrote.

 

“Far from being ‘critical’ evidence, the … notes are extraordinarily unreliable, containing multiple levels of hearsay,” Dr. Luke’s lawyers wrote. “They contain no accusation of rape, despite that accusation being the central component of [Kesha]’s defamatory campaign.”

 

In Thursday’s ruling, the appeals court sided with Dr. Luke and against Kesha. It ruled that the trial judge had “providently exercised its discretion” in refusing to admit the notes, since the “belated disclosure” of such evidence would have unfairly harmed Dr. Luke’s ability to argue his case.

My main question is why would she wait this long to unearth these alleged notes about the alleged incident? Wouldn’t this kind of thing be submitted immediately? Very fishy to me…. Thoughts? 

Edited April 15, 2022 by Alfred

[Yawn]

 

3 minutes ago, Alfred said:

Very fishy to me

VERY

[Galah]

Kesha's initial lawyer mismanaged her case so, so terribly, it's hard not to imagine that he was secretly on Luke's payroll the whole time honestly. There were so many red flags even before the Gaga claim.

[Sugar-Rush]

IIRC didn't we previously learn that Dr. Luke's attorneys tried really hard to prevent those documents about the roofie from being submitted as evidence? 

[Bicassie]

very interesting development 

[Alfred]

7 minutes ago, Sugar-Rush said:

IIRC didn't we previously learn that Dr. Luke's attorneys tried really hard to prevent those documents about the roofie from being submitted as evidence? 

According to the article, it took them 6 years to cite the document in the first place. How would Luke’s lawyers have prevented this document for an entire 6 years? 

 

On Thursday (April 14), a New York state appeals court affirmed that ruling, ruling it would be unfair to Dr. Luke to allow Kesha not cite a document that she never introduced during “four years of extensive discovery” and brought forth two years after the deadline to do so.

[Cloröx]

May Luke rot in hell 

 

[Bandito]

Dr. Luke is a clear as day rapist, so Billboard trying to frame the case with this idiotic “woe is me” angle is quite gross. He kept delaying the trial and case so she got locked up in legal fees and then him / his lawyers concealed evidence, but now that a piece of damning evidence against him comes into play it’s suddenly “unfair”. 

[TomTom]

7 hours ago, Alfred said:

https://www.billboard.com/business/legal/kesha-another-defeat-dr-luke-defamation-lawsuit-1235059464/amp/
 

My main question is why would she wait this long to unearth these alleged notes about the alleged incident? Wouldn’t this kind of thing be submitted immediately? Very fishy to me…. Thoughts? 

 

6 hours ago, Alfred said:

According to the article, it took them 6 years to cite the document in the first place. How would Luke’s lawyers have prevented this document for an entire 6 years? 

 

First of all, they are not "alleged". They exist and have been posted multiple times here...your agenda is truly something else 

 

Second, Kesha's lawyers called Gregory Clarick in summer 2020 to find out if he was available as a trial witness and during that conversation he told them that he archived handwritten notes regarding Kesha and Dr. Luke. After they found this out, they included them on Kesha's trial exhibit list for the trial that was then scheduled for October 2021, but is now postponed to 2023.

 

Unfortunately, discovery was closed since 2018 and that's why these judges did not allow Kesha to include them. It is disputed whether Kesha was obliged to search for them before the discovery cut-off, but they did not focus on that and simply said it's too late. Luke wanted to use them as a vehicle to gain access to all of Kesha's communications with all her lawyers in her life (including the 2011 lawsuit) and argued the late disclosure was prejudicial to him because if Kesha had produced them earlier, Luke could have argued that he is also entitled to see all other communications that Kesha ever had with her lawyers and these judges agreed.

 

Edit: The statement from Luke's lawyers that you bolded is not relevant. On top of the fact that it obviously is a pretext and cover-up, the notes were solely precluded because they were produced too late and not because they are inadmissible hearsay which is obviously not the case. There is no connection between the first bolded paragraph and the second.

 

7 hours ago, Yawn said:

 

VERY

There is really nothing fishy about it 

 

The fact that you're cheering for preclusion of extremely relevant evidence that Dr. Luke is a rapist based on a technicality is truly...something.

 

7 hours ago, Sugar-Rush said:

IIRC didn't we previously learn that Dr. Luke's attorneys tried really hard to prevent those documents about the roofie from being submitted as evidence? 

Not just that, at first he wanted to prevent them from being unsealed so that nobody sees them in the first place and after that failed, he tried to prevent their admission at trial.

Edited April 15, 2022 by TomTom2288

[Rihbeyga]

So are Luke is not a convicted rapist. Just an alleged rapist  

[TomTom]

2 minutes ago, Rihbeyga said:

So are Luke is not a convicted rapist. Just an alleged rapist  

You didn't really read the topic of the thread, did you 

[Jude]

Inch resting. 

[Rihbeyga]

3 hours ago, TomTom2288 said:

You didn't really read the topic of the thread, did you 

I mean I read that she wrote notes about the rape. What does that prove? That she told someone about it?

[Communion]

OP celebrating Luke joining the other 99% of rapists who are never convicted of a crime.  Just say you think it's funny when people are raped and drop any posturing already. 

Edited April 15, 2022 by Communion

[ahauntingnearu]

6 hours ago, Alfred said:

https://www.billboard.com/business/legal/kesha-another-defeat-dr-luke-defamation-lawsuit-1235059464/amp/
 

My main question is why would she wait this long to unearth these alleged notes about the alleged incident? Wouldn’t this kind of thing be submitted immediately? Very fishy to me…. Thoughts? 

 

6 hours ago, Yawn said:

 

VERY

These repugnant first two posts...

 

It's one thing to be uncertain, or not immediately 'believe her', or ask questions . . . it's a whole other thing to actively celebrate "Kesha [suffering] another defeat". WTF is wrong with you?

[TomTom]

21 minutes ago, Rihbeyga said:

I mean I read that she wrote notes about the rape. What does that prove? That she told someone about it?

You should read again, I guess, because she did not write them 

 

They prove that Kesha did not make up the allegation that Dr. Luke gave her a sober pill before raping her in 2013, as Dr. Luke falsely claims, but that she already reported this in 2006 which is why Dr. Luke unsuccessfully tried to prevent them from getting unsealed first before he tried to preclude them from being admitted at trial.

Edited April 15, 2022 by TomTom2288

[firecrotch]

This yassified the case a little bit but the judge the right thing legally.

[okgo]

I just can't understand how such a crucial piece of evidence that pretty much corroborates Kesha's claim (or at the very least adds a lot more credibility proving it was already a thing/concern yeaaars before) isn't allowed because it missed the discovery deadline or w/e like wtf  I mean I get all sides need to prepare so something like that makes sense, but so what if it was only unearthed after that time frame? as long as its legit info isnt "the truth" - especially in such a delicate case where someone's entire livelihood is at stake - far more important? ugh, I cant even imagine how frustrated and powerless she must feel in times like these.

 

Edited April 15, 2022 by okgo

[TomTom]

Just now, okgo said:

I just can't understand how such a crucial piece of evidence that pretty much corroborates Kesha's claim (or at the very least gives a lot more credibility proving it was already a thing/concern yeaaars before) isn't allowed because it missed the discovery deadline or w/e like wtf

 

It‘s really unfathomable. When the oral argument in the trial court took place and Kesha‘s lawyer heard the judge wanted to preclude these notes, she was literally begging her to overthink this and said it would be a travesty of justice if not. She was visibly emotional.
 

And now on appeal, her lawyers wrote again that the whole trial would be a charade if this decision didn’t get reversed. They even offered Luke a deposition of the lawyer who took these notes, but it didn’t help. These judges really adhered to their stupid discovery deadline 

[okgo]

1 minute ago, TomTom2288 said:

It‘s really unfathomable. When the oral argument in the trial court took place and Kesha‘s lawyer heard the judge wanted to preclude these notes, she was literally begging her to overthink this and said it would be a travesty of justice if not. She was visibly emotional.
 

And now on appeal, her lawyers wrote again that the whole trial would be a charade if this decision didn’t get reversed. They even offered Luke a deposition of the lawyer who took these notes, but it didn’t help. These judges really adhered to their stupid discovery deadline 

I do hope and pray they can somehow manage to get it reversed (again?) if that's even possible at this point? Because it'd literally be insane to not let her mention such relevant info while presenting her defense/case and, quite frankly, an affront to "justice"

 

[SmittenCake]

Kesha is going to win in the end. The truth always prevails. God will handle everything correctly.

[gettsleazy]

This evidence literally proved she didn’t lie and corroborated like, 90% of her entire case. It’s truly twisted they dismissed it as admissible.

 

Also OP thinking this makes Luke look innocent  Read the news article first, this makes him look even more guilty.

[gettsleazy]

46 minutes ago, Communion said:

OP celebrating Luke joining the other 99% of rapists who are never convicted of a crime.  Just say you think it's funny when people are raped and drop any posturing already. 

 

4 hours ago, TomTom2288 said:

 

First of all, they are not "alleged". They exist and have been posted them multiple times here...your agenda is truly something else 

 

Edit: The statement from Luke's lawyers that you bolded is not relevant. On top of the fact that it obviously is a pretext and cover-up, the notes were solely precluded because they were produced too late and not because they are inadmissible hearsay which is obviously not the case. There is no connection between the first bolded paragraph and the second.

 

There is really nothing fishy about it 

 

The fact that you're cheering for preclusion of extremely relevant evidence that Dr. Luke is a rapist based on a technicality is truly...something.

 

Not just that, at first he wanted to prevent them from being unsealed so that nobody sees them in the first place and after that failed, he tried to prevent their admission at trial.

Done and dusted! 

[drivers license]

7 hours ago, Alfred said:

https://www.billboard.com/business/legal/kesha-another-defeat-dr-luke-defamation-lawsuit-1235059464/amp/
 

My main question is why would she wait this long to unearth these alleged notes about the alleged incident? Wouldn’t this kind of thing be submitted immediately? Very fishy to me…. Thoughts? 

?

[keshasfillers]

The only fishy thing about this is that Luke trying very hard to prevent these being used at trial