Popular Post TomTom Posted June 13, 2023 Popular Post Posted June 13, 2023 The New York version of the US Supreme Court - the New York Court of Appeals - has just partially ruled in favor of Kesha on two appeals by her in a 41-page decision, handing out reversals on various issues that will affect the upcoming jury trial of Dr. Luke's 9 year-long defamation lawsuit against her (currently scheduled to begin next month). The verdict deals a potentially fatal blow to Dr. Luke's suit and might ultimately pave the way for lifting Kesha's self-imposed gag order, following last month's release of her fifth studio album Gag Order! The decision is binding precedent on all New York state courts. Link: https://www.nycourts.gov/ctapps/Decisions/2023/Jun23/32&33opn23-Decision.pdf Shortest possible summary of the decision: Spoiler First, the court held that all allegations Kesha ever made about Dr. Luke in official court documents as part of both her own and Dr. Luke's lawsuit are privileged and therefore non-actionable for defamation, ripping the "heart" out of Dr. Luke's case. As a result, Kesha can not be sued anymore for any allegations about Dr. Luke in official court documents. She could still be sued by Dr. Luke for press statements her former lawyer Mark Geragos made about Dr. Luke as well as Kesha's "draft complaint" she showed Sony in her 2014 settlement negotiations with Dr. Luke and which she gave to TMZ shortly before she filed her actual complaint. It's doubtful and unclear whether it is a winning strategy for Dr. Luke to sue Kesha for a variety of different statements that exclude Kesha's actual filed court documents. The court rejected Dr. Luke's underlying legal theory that Kesha's original lawsuit against Dr. Luke from 2014 was a "sham lawsuit" that should entitle him to be able to sue Kesha for defamation for those statements. Second, the court held that New York's amended anti-SLAPP statute from 2020 applies to all then-pending defamation lawsuits in New York (including Dr. Luke's). The anti-SLAPP law exposes Dr. Luke to financial penalties if he does not win his case by allowing Kesha to recover her legal fees and damages from Dr. Luke that she incurred since 2020, after the amended statute passed. The anti-SLAPP law at issue here differs from the one in the Depp v. Heard trial in an important way: while Johnny Depp intentionally sued Amber Heard in Virginia because Virginia has one of the weakest anti-SLAPP laws in the US, New York (now) has one of the strongest. Critically, payment of the prevailing party's legal fees is mandatory in New York, while it is only discretionary in Virginia (on top of compensatory and punitive damages, the latter of which are capped at $350k in Virginia and uncapped in New York). Third, the court held that Dr. Luke is a limited public figure and therefore must prove Kesha acted with "actual malice" (to destroy his reputation) with respect to all of her allegations instead of negligence as if he was a private figure (which the lower courts deemed him to be), increasing the burden for him to win his case. The reinstatement of Kesha's anti-SLAPP counterclaim against Dr. Luke will potentially entitle her to take discovery into Dr. Luke's PR strategy to brand her as a liar in the same way Dr. Luke used documents related to Kesha's PR strategy against her. Detailed summary of the issues at hand: https://drive.google.com/file/d/1aC8mcizJlUfs5L1mte3AhTjJJ-RPbVDM/view?usp=sharing For more information, check out this thread: 47 8 1
FolkLover1989 Posted June 13, 2023 Posted June 13, 2023 I have some words for Luke You all know what I mean So happy for Kesha 1
Cloudy Posted June 13, 2023 Posted June 13, 2023 Happy for Kesha, hopefully she can put an end to all of this very soon
Popular Post gettsleazy Posted June 13, 2023 Popular Post Posted June 13, 2023 Can’t wait for this man and all his ugly troglodyte supporters to ROT! DING DONG!!! 18 1 1
EmailMySwift Posted June 13, 2023 Posted June 13, 2023 Also how creepy is it that this abuser refers to himself as "Dr" 1 1
Jessie Posted June 13, 2023 Posted June 13, 2023 I hate how long the road has been for her but I hope this really is the turning point 1
umich Posted June 13, 2023 Posted June 13, 2023 Great news but why is this thread so quiet? If it were the other way around, we'd be at the end of two pages by now. 13 1
JoeAg Posted June 13, 2023 Posted June 13, 2023 aaaaaa so f*cking happy for my queen (who served pop album of the year so far btw hihihihi) she deserves so much peace and happiness and I'm so proud to be an animal to this day! we love you quen 1
SmittenCake Posted June 13, 2023 Posted June 13, 2023 3 minutes ago, umich said: Great news but why is this thread so quiet? If it were the other way around, we'd be at the end of two pages by now. Exactly The trolls are hiding
Blue Monday Posted June 13, 2023 Posted June 13, 2023 I'll take any and all L's for Puke. I can't believe he's attempting to punish her like this, but to see it all blow up in his face would be a very fitting end to this ordeal and some justice for Kesha 4
WBTlove Posted June 13, 2023 Posted June 13, 2023 (edited) Dr Luke must be such an evil person. I mean, how hard is it for him to just pay her and set her free from her agreement. He purposefully chose to spend millions on lawyers vs letting her go. 🤮 This could have been long behind him by now. He's just tryna pull the D card on her like Scotty tried to do Taylor. That is the 1 reason I like Taylor. She has the way to flip the script on those powerful men who try to control her & when she goes to war, she ruins them.. Edited June 13, 2023 by WBTlove 2
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