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Dr. Luke v. Kesha: Oral argument at New York's highest court on April 18


TomTom
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On 4/19/2023 at 6:50 PM, TomTom2288 said:

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:ahh:

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For everyone who asked: "What happens if Kesha wins these appeals?", there is a new joint letter filed by Kesha and Dr. Luke yesterday in the trial court which hints at the litigation strategy Dr. Luke will pursue if Kesha wins these appeals.

 

In short, it seems like his primary goal is to delay the jury trial by raising alleged issues resulting from a decision by New York's highest court that is favorable to Kesha and subsequently to drag out the adjudication of Kesha's counterclaim through various means (bifurcation and discovery fights).

 

Tried to summarize it here:

 

Edited by TomTom2288
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Her lawyers CLEARING laskjlkasdjl It was so satisfying to watch Christine suffer. Dr Lukes personal witch tanking like that brought me so much satisfaction. 

 

Two FLOP singles this year and a soon to be LOST countersuit we love to see it. No wonder his loyalists have been so quiet :ahh:

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7 hours ago, gettsleazy said:

Her lawyers CLEARING laskjlkasdjl It was so satisfying to watch Christine suffer. Dr Lukes personal witch tanking like that brought me so much satisfaction. 

 

I still can't believe how a prolific lawyer like Mark Geragos was able to sabotage her so badly with his messiness.. shes finally getting her licks back and gagging the 50 year old former superproducer just a bit now

 

Quote

“My fight continues. I need to get my music out,” Kesha wrote on Facebook on Monday. “I have so much to say. This lawsuit is so heavy on my once free spirit, and I can only pray to one day feel that happiness again.”

This is breaking my heart

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8 hours ago, gettsleazy said:

Her lawyers CLEARING laskjlkasdjl It was so satisfying to watch Christine suffer. Dr Lukes personal witch tanking like that brought me so much satisfaction. 

 

Two FLOP singles this year and a soon to be LOST countersuit we love to see it. No wonder his loyalists have been so quiet :ahh:

Can u explain to me what's going on? The date still the same? 

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No decision today, fingers crossed for next Tuesday.

 

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On 5/18/2023 at 3:09 PM, TomTom2288 said:

No decision today, fingers crossed for next Tuesday.

 

If I ever get desperate or I'm so beyond faded

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On 5/18/2023 at 3:09 PM, TomTom2288 said:

No decision today, fingers crossed for next Tuesday.

 

Bad luck:

 

Unfortunately, still no decision today. The court decided all remaining cases from the April term today, except Kesha's.

 

It will be decided together with the May cases, so we have to wait until mid-June approximately for a decision.

Edited by TomTom2288
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What hoping to hear something today:/ 

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Would it be better to wait til mid June? Would more things be evaluated?

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51 minutes ago, SmittenCake said:

What hoping to hear something today:/ 

Same, it's just very bad luck.

 

44 minutes ago, SmittenCake said:

Would it be better to wait til mid June? Would more things be evaluated?

No, it has nothing to do with the outcome.

 

There is a limited number of cases that get decided per month and when they include cases that were just submitted on the briefs without oral argument, it can sometimes happen that there is not enough capacity to decide all cases from the prior month. Like an "overhang", basically.

 

Last year was the same, they decided all cases from April in May except one which got decided in June.

Edited by TomTom2288
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  • 3 weeks later...

THE DECISION IS OUT!

 

Wins for Kesha:

  • Dr. Luke is a limited public figure
  • Kesha can assert her anti-SLAPP counterclaim and recover fees for this litigation beginning in 2020 when the amended anti-SLAPP statute passed
  • all of her allegations made in official court documents are privileged and therefore non-actionable for defamation

Losses for Kesha:

  • Kesha can not recover legal fees for the timeframe between 2014-2020 before the statute got amended
  • the jury must decide whether her draft complaint she sent to TMZ and Mark Geragos's press statements about the lawsuit are privileged

Overall, a decision with important wins, but not a total slam dunk to completely destroy Luke's case just yet - potentially enough for a settlement.

 

Rivera and Wilson dissenting in part.

 

Decision (41 pages): https://www.nycourts.gov/ctapps/Decisions/2023/Jun23/32&33opn23-Decision.pdf

Edited by TomTom2288
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33 minutes ago, TomTom2288 said:

THE DECISION IS OUT!

 

Wins for Kesha:

  • Dr. Luke is a limited public figure
  • Kesha can assert her anti-SLAPP counterclaim and recover fees for this litigation beginning in 2020 when the amended anti-SLAPP statute passed
  • all of her allegations made in official court documents are privileged and therefore non-actionable for defamation

Losses for Kesha:

  • Kesha can not recover legal fees for the timeframe between 2014-2020 before the statute got amended
  • the jury must decide whether her draft complaint she sent to TMZ and Mark Geragos's press statements about the lawsuit are privileged

Overall, a decision with important wins, but not a total slam dunk to completely destroy Luke's case just yet - potentially enough for a settlement.

 

Rivera and Wilson dissenting in part.

 

Decision (41 pages): https://www.nycourts.gov/ctapps/Decisions/2023/Jun23/32&33opn23-Decision.pdf

:jonnycat: She’s so close 

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We did it kids :WAP: didn’t she have 2 other pending appeals? 

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1 hour ago, Keshasbxtch said:

We did it kids :WAP: didn’t she have 2 other pending appeals? 

Those were her two appeals that got decided today!

 

OT:

 

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On 4/12/2023 at 2:10 PM, XtianB said:

we need the WORLD to tune in the way they did for Amber and Johnny

They won’t because the woman is the victim here and Johnny was the “alleged” victim of that case. Crazy how people will turn out so hard for a man who has charges pressed against him too, but nothing for a woman who’s been abused

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Just for the record, I want to point out that every single prediction I made below came true.

 

The only thing I didn’t anticipate was the 2020 cut-off for damages and fees imposed by the majority, but apart from that everything else turned out to be accurate.

 

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1 hour ago, TomTom2288 said:

Just for the record, I want to point out that every single prediction I made below came true.

 

The only thing I didn’t anticipate was the 2020 cut-off for damages and fees imposed by the majority, but apart from that everything else turned out to be accurate.

 

Fortune telling queen 

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1 hour ago, TomTom2288 said:

Just for the record, I want to point out that every single prediction I made below came true.

 

The only thing I didn’t anticipate was the 2020 cut-off for damages and fees imposed by the majority, but apart from that everything else turned out to be accurate.

 

KING :heart:

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On 6/13/2023 at 3:22 PM, TomTom2288 said:

THE DECISION IS OUT!

 

SETTLED!

 

Edited by TomTom2288
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