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NY Senator ends Dr. Luke’s Case, Files Brief in Support of Kesha


gettsleazy

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The Senator that invented the law that Luke recently managed to snake his way around has formally filed a brief in support of Kesha, claiming that the law was meant to apply to cases exactly like Kesha’s:eek: This is the fourth brief of its kind filed since Luke’s shady and surprising recent victory in court.

 

Looks like the road to victory is getting narrower by the day for ATRL’s favorite abuser. 

 

 

As a refresher, from our legal expert @TomTom2288 (as threads have been deleted) Kesha won her counterclaim against Luke in June, on the basis of the retroactive anti-SLAPP law. Luke appealed and somehow managed to narrowly win the appeal in March, effectively ending Kesha’s chances at winning this lawsuit. Now, Kesha wants to appeal Luke’s victory, and is supported by various media groups (New York Times), sexual assault survivors, and the Senator that invented the law Luke managed to defile. She is in one of the best positions possible to end this once and for all.

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This is so ******* powerful :jonny5:

 

It is game over for Mr. Gottwald :jonny5:

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WAIT this is incredible ahhh :jonny5:

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6 minutes ago, gettsleazy said:

Now, Kesha wants to appeal Luke’s victory, and is supported by various media groups (New York Times), sexual assault survivors, and the Senator that invented the law Luke managed to defile. She is in one of the best positions possible to end this once and for all.

What are her actual chances here though? Do they have the authority to overthrow whatever luke won with the appeal? 

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Finally some tangible legal support, this is huge! This has dragged on for way too long and caused so much unnecessary turmoil. Free Kesha. 

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She deserves to be free!!!!!!

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We love to see it. I need Luke’s career to be fully destroyed so Kesha can finally find some solace (although that will surely never be able to fully heal the wound caused by SA). :heart:

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Kesha and her team fighting for what's right at the end of the day. :heart2:

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  • ATRL Administrator

Excellent news :duca: 

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1 hour ago, cyclone said:

What are her actual chances here though? Do they have the authority to overthrow whatever luke won with the appeal? 

The Appellate Division (New York's intermediate appeals court) can grant permission to appeal a case to the Court of Appeals (New York's highest court) in rare instances. This already happened before in this lawsuit, Kesha has a pending appeal at the Court of Appeals regarding whether Dr. Luke is a public figure and whether her allegations are protected by litigation privileges and therefore non-actionable.

 

Factors that influence granting such permission are novel questions of law, questions of law that have substantial public importance, questions of statewide importance and an opinion split between different courts in New York on the same question.

 

Here, all of these factors are present. The question whether New York's amended anti-SLAPP statute applies retroactively is novel (the law was amended in 2020), is of substantial public importance (evidenced by the three amicus briefs from media defendants, sexual assault survivors and civil rights organizations who support Kesha's motion), is of statewide importance (the law affects the entire state of New York) and presents an opinion split because approximately 20 lower courts and one other appeals court had already decided that this law applies retroactively. 

 

What changes this is the amicus brief from Senator Hoylman. He is basically telling the appeals court that it interpreted his own law that he drafted in a wrong way because it was supposed to retroactively apply to pending cases. This is a strong incentive for the court to vacate and reverse it's prior decision instead of granting Kesha permission to appeal it again because that quite obviously settles the matter and it would defy any logic not to trust the senator's opinion as to how his own law should be interpreted. The advantage in this scenario would be that it would avoid another long delay since it would take another year or more until this question gets resolved if Kesha was allowed to appeal it to New York's highest court.

Edited by TomTom2288
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Dumb Dr Luke stans/  pick me faggots lost :ahh:

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I pray to god she gets justice one day. This has lingered for almost a decade and it’s sick. We get a huge televised trial for Johnny depp vs amber heard who were both equally as horrible to each other, yet this gets pretty much no media coverage at all. It’s a very fucked up world. 

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Amazing news :clap3:

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