Kesha was dealt another loss in court this week when a New York judge denied her request to amend her charges against Dr. Luke. Kesha and her legal team filed a petition in January to add some new claims to her suit. Per a new report, the judge rejected several new claims Kesha was trying to add to her New York case against the producer and his company.
Kesha’s lawyers wanted to add allegations that Dr. Luke’s companies were in violation of contract for failing to report and pay royalties to Kesha. Another point they attempted to add was that the alleged verbal and sexual abuse constituted a violation of “good faith” that is assumed in business contracts. Likewise, Dr. Luke’s allegedly intentional efforts to delay the release of Kesha’s third and final contractually obligated album break from the same “good faith” principle.
New York Supreme Court Justice Shirley Kornreich denied all of Kesha’s requests in her decision. She wrote that Kesha couldn’t make claims about the unpaid royalties because she hadn’t notified Dr. Luke’s companies about their lapse in payment–as was required in her contract. Without that notice on her part, her claims fall flat. Additionally, the judge noted that a witness for Dr. Luke had presented evidence that alleged Kesha owes Dr. Luke $1.3 million in royalties, a claim which Kesha couldn’t counter.
The judge also rejected the idea that Dr. Luke’s alleged abuse constitutes a breach of contract on the grounds that it was unexpected or unforeseeable. The “allegedly abusive behavior was foreseeable,” the judge wrote based on the claim that Kesha had started suffering from the abuse as early as 2005, when she first met Dr. Luke and before she entered the contract.
The same judge dismissed Kesha’s claims of hate crimes and emotional distress against Dr. Luke last year. Kesha dropped her California sexual assault case against Dr. Luke after it spent months on hold, claiming she wanted to focus on music. Her latest defeat in the New York court might not give her any other choice.
See the judge’s full decision in Kesha’s latest legal battle below.
(Photo credit: Kesha Instagram account)