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

[SmittenCake]

Just saw a headline on Twitter. Glad this is being updated. Super nervous yet confident for Kesha. Sending her prayers and positive vibes. 

[TomTom]

9 minutes ago, Espresso said:

I second the thanks for the updates! I’ll be busy that day but please post and update that day for me to catch up!

You're welcome and I will!

 

The video of the oral argument usually gets uploaded the week later, so you can watch it later on even if you miss the livestream.

 

The decision should either be released on May 18 or May 23.

[Vermillion]

2 minutes ago, TomTom2288 said:

You're welcome and I will!

 

The video of the oral argument usually gets uploaded the week later, so you can watch it later on even if you miss the livestream.

 

The decision should either be released on May 18 or May 23.

[fountain]

Going to be such an anxious day 

[okgo]

Hoping for the best for Kesha

 

[TomTom]

A huge mess:

 

New York's highest court has decided some outstanding motions for amicus briefs today for Kesha's appeals ahead of the oral argument next month. All the parties who already filed amicus briefs in support of Kesha and Luke at the lower courts also re-filed their briefs at New York's highest court.

 

However, there is one big plot twist because the court rejected the brief by Senator Hoylman that is the topic of this thread. The court cited a 2004 case as precedent where a proposed amicus brief has been rejected by former longtime-New York Assembly Speaker Sheldon Silver.

 

It's a 4 : 2 decision, the two most liberal judges on the court (Rivera and Wilson) wanted to accept his brief. 

 

@Espresso Might be interesting for you.

 

Edited March 21, 2023 by TomTom2288

[Vermillion]

@TomTom2288 Damn. Thanks for sharing. I was always cynical they’d allow the brief but wasn’t aware of the precedent.

[Ampersand13]

So they just now decided they can't accept it? This makes me so upset 

[TomTom]

2 minutes ago, Ampersand13 said:

So they just now decided they can't accept it? This makes me so upset 

No. He originally filed his brief at the Appellate Division last year as to why Kesha should be allowed to further appeal the decision that dismissed her counterclaim to the Court of Appeals, New York's highest court.

 

After Kesha was allowed to appeal that decision (and her other appeal) to the Court of Appeals, all the parties (including Senator Hoylman) that had filed amicus briefs in support of Kesha and Luke at the Appellate Division re-filed them at the Court of Appeals so that they would be considered by the Court of Appeals too.

 

The Appellate Division accepted his brief as part of Kesha's motion to appeal to the Court of Appeals, but the Court of Appeals itself has not accepted the brief - over the dissent of judges Rivera and Wilson.

[Ampersand13]

23 minutes ago, TomTom2288 said:

No. He originally filed his brief at the Appellate Division last year as to why Kesha should be allowed to further appeal the decision that dismissed her counterclaim to the Court of Appeals, New York's highest court.

 

After Kesha was allowed to appeal that decision (and her other appeal) to the Court of Appeals, all the parties (including Senator Hoylman) that had filed amicus briefs in support of Kesha and Luke at the Appellate Division re-filed them at the Court of Appeals so that they would be considered by the Court of Appeals too.

 

The Appellate Division accepted his brief as part of Kesha's motion to appeal to the Court of Appeals, but the Court of Appeals itself has not accepted the brief - over the dissent of judges Rivera and Wilson.

Thank you so much for the in depth explanation! It’s truly very helpful, I’m still trying to better understand all the movie parts

[samuel656]

So if she were to lose, what would happen? She definitely doesn’t have 80 million, I wonder if he could take/stop her royalty payments. Not that he pays them on time anyway 

 

[TomTom]

4 minutes ago, samuel656 said:

So if she were to lose, what would happen? She definitely doesn’t have 80 million, I wonder if he could take/stop her royalty payments. Not that he pays them on time anyway 

 

We are NOT talking about the trial here, that's an entirely separate topic and premature because it hasn't even started yet.

 

We need Kesha to win these appeals so that she can avoid a trial altogether in the best case and push Luke into a settlement, even though he'll fight tooth and nail to prevent that.

[TomTom]

On 3/21/2023 at 2:28 PM, TomTom2288 said:

New York's highest court has decided some outstanding motions for amicus briefs today for Kesha's appeals ahead of the oral argument next month. All the parties who already filed amicus briefs in support of Kesha and Luke at the lower courts also re-filed their briefs at New York's highest court.

 

However, there is one big plot twist because the court rejected the brief by Senator Hoylman that is the topic of this thread. The court cited a 2004 case as precedent where a proposed amicus brief has been rejected by former longtime-New York Assembly Speaker Sheldon Silver.

 

It's a 4 : 2 decision, the two most liberal judges on the court (Rivera and Wilson) wanted to accept his brief. 

BOMBSHELL update to this: 

 

The New York Law Journal has just published a whole article about the rejection of Senator Hoylman's amicus brief in support of Kesha and interviewed him about it.

 

He lashes out at the Court of Appeals by claiming that a court insider told him that the 4 : 2 decision to reject his amicus brief was a political decision aimed at Senator Hoylman personally as retaliation by the conservative bloc at New York's highest court for Senator Hoylman's vocal criticism of the direction of New York's highest court and some of its judges over the last few years:

 

Quote

In an interview Wednesday, Hoylman-Sigal said the court typically accepts these types of amicus briefs as a matter of course, and so he found the rejection to be an alarming form of retribution that he took personally.

 

“I’ve been told by a court insider that this decision, although innocuous on the surface, was directed at me personally,” Hoylman-Sigal said. “But that said, I’m looking forward to the governor appointing a new chief judge and turning the page on this dysfunctional court.” 

 

The lawmaker added: “The decision, as I understand it, was less on the merits of submitting an amicus brief and has more to do with who submitted it.” Nevertheless, Hoylman-Sigal said  “I respect the decision of the court.” 

 

A spokesperson for New York's highest court denied political motivations:

 

Quote

Court of Appeals spokesman Gary Spencer said he couldn’t explain anything beyond what the court said in the entry on the motion. But he rejected the lawmaker’s suggestion, stating the decision wasn’t personal.

 

 

@Espresso This is insane, the New York Senate Judiciary Chairman is flat out alleging that the majority of New York's highest court is making political decisions and Kesha is in the middle of it .

[discotitzz]

Oh don't end the Dr. Puke stans on this site like that, Senator Holyman!

 

Justice for Kesha is in sight 

Edited March 29, 2023 by discotitzz

[SmittenCake]

when's the next court date? sometime in april right? 

[TomTom]

2 minutes ago, SmittenCake said:

when's the next court date? sometime in april right? 

Oral argument at New York's highest court on two appeals by Kesha on April 18 at 2 PM EST.

Edited March 29, 2023 by TomTom2288

[SmittenCake]

2 minutes ago, TomTom2288 said:

Oral argument at New York's highest court on two appeals by Kesha on April 18 at 2 PM EST.

I'm not familiar with how things like this work out. But I assume an oral argument involves both parties...verbally disputing? In this case, Kesha and Dr.Luke? Would this oral argument last a few hours? 

[TomTom]

7 minutes ago, SmittenCake said:

I'm not familiar with how things like this work out. But I assume an oral argument involves both parties...verbally disputing? In this case, Kesha and Dr.Luke? Would this oral argument last a few hours? 

I'm planning to make a mega thread about it very soon, stay tuned.

[Vermillion]

1 hour ago, TomTom2288 said:

@Espresso This is insane, the New York Senate Judiciary Chairman is flat out alleging that the majority of New York's highest court is making political decisions and Kesha is in the middle of it .

Having worked Upstate NY campaigns none of this surprises me. That Ke$ha's in the middle of it is surreal though

[Vermillion]

54 minutes ago, TomTom2288 said:

I'm planning to make a mega thread about it very soon, stay tuned.

You can merge this thread to a new OP for a new thread you create I believe, but a newer one with a clean slate I'd understand working better too.

 

Looking forward to it 

[TomTom]

2 minutes ago, Espresso said:

Having worked Upstate NY campaigns none of this surprises me. That Ke$ha's in the middle of it is surreal though

A decade-long civil litigation that triggers legislative amendments and produces fights between state legislatures and high courts, not everyone has that .

 

3 minutes ago, Espresso said:

You can merge this thread to a new OP for a new thread you create I believe, but a newer one with a clean slate I'd understand working better too.

 

Looking forward to it 

I‘m probably gonna make a new one with a link to this one, but thanks for the advice (and interest)!

[TomTom]

On 3/30/2023 at 1:49 AM, SmittenCake said:

I'm not familiar with how things like this work out. But I assume an oral argument involves both parties...verbally disputing? In this case, Kesha and Dr.Luke? Would this oral argument last a few hours? 

 

On 3/30/2023 at 2:53 AM, Espresso said:

Looking forward to it 

There you go! 

 

[KeirGrey]

I cannot believe this case is still going, poor Kesha 

[SmittenCake]

4 hours ago, TomTom2288 said:

 

There you go! 

 

Thank you. Will keep both of these threads pinned. 

[TomTom]

On 6/28/2022 at 4:12 PM, TomTom2288 said:

UPDATE:

 

The NY Appellate Division has granted Kesha's motion to appeal the dismissal of her anti-SLAPP counterclaim to New York's highest court and accepted all amicus briefs that were filed in support of Kesha, including Senator Brad Hoylman's.

KESHA WINS!