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Kesha Denied Appeal Of Dr. Luke Defamation Ruling As He’s Not “A Household Name”

CONTENT WARNING: The following article discusses sexual assault

Kesha has experienced another roadblock in her legal battle against Dr. Luke. Back in February of last year, Dr. Luke countersued the popstar for defamation, after she took sexual assault allegations against him to court.

The New York Supreme Court ruled that Dr. Luke, real name Lukas Gottswald, was not a “household name” outside of the music industry, saying he is not “libel-proof”.

“We disagree with the Court’s rulings. We plan to immediately appeal,” said Kesha’s team at the time.

Now, they’ve appealed the ruling and overnight, the New York Court of Appeals has ruled to uphold their 2020 ruling, according to The Hollywood Reporter.

Three out of five of the judges involved agreed he wasn’t even classified as a ‘”purpose public figure”.

“Although Gottwald has sought publicity for his label, his music and his artists,” they wrote.

“None of which are subject of the defamation here- he never injected himself into the public debate about sexual assault or abuse of artists in the entertainment industry.”

One of the two judges who did not agree with the ruling, Justice Saliann Scarpulla wrote, “Dr. Luke argues, and the majority accepts, that Dr. Luke is not a limited purpose public figure because he never sought out publicity or spoke publicity about Kesha’s allegations of sexual assault or on the issue of sexual assault.

“That Dr. Luke has not spoken publicly about Kesha’s allegations of sexual assault is not surprising, is not relevant, and does not preclude a finding that he is a limited purpose public figure.

“The definition of limited purpose public figure is not so cramped as to only include individuals and entities that purposefully speak about the specific, narrow topic (in this case a protégé’s sexual assault) upon which the defamation claim is based.”

No date has been set just yet for the final trial. However, it is expected to commence in the United States’ autumn — our spring.

If you need assistance, 1800 RESPECT – the National Sexual Assault, Domestic and Family Violence Counselling Service — can be reached on 1800 737 732.

For help or information regarding mental health, contact Lifeline on 13 11 14 or Beyond Blue on 1300 224 636.

The views expressed by people and organisations quoted in this article are not the view of Music Feeds or its employees.

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