Judge Denies Kesha’s Amended Claims Against Dr. Luke
In January, the singer’s legal team requested for permission to amend her claims against Gottwald. This permission was granted and the amended lawsuit returned with allegations against Gottwald’s companies, Prescription and KMI, stating that they broke their contracts with Kesha by failing to report and pay royalties. The singer also claimed that Gottwald broke the assumption of “good faith” that is implied in “every contract through his alleged years of verbal abuse and physical threats against Kesha and his alleged failure, since February 2016, to expedite the release of her third album,” according to Pitchfork.
Kesha also requested for judgments declaring these contracts invalid after the release of her third album. Otherwise, she would require court supervision or help from Sony, claiming that the contracts violate a California labor law that requires all music contracts to end within seven years.
New York Supreme Court Justice Shirley Kornreich denied her entire request in a 10-page ruling, saying that Kesha cannot claim breach of contract against KMI because her accounting statement, provided by a witness for Gottwald, shows that she owed him $1.3 million in royalties. Kesha did not provide her own evidence in a rebuttal against these claims. It’s also prohibited for her to claim breach of contract against Prescription because she failed to give notice of the unsent accounting statements and royalty payments, as required by her contract.
Also rejected was Kesha’s claim regarding California labor laws (her contracts were only subject to New York law) and Kesha’s request for a judgment declaring her contracts invalid after the release of her third album. Click here for a comprehensive outline of the ruling.
Kesha has been embroiled in a court battle against Gottwald since 2014. The Tik Tok singer’s claims against Gottwald, including allegations of hate crimes and emotional distress, were dismissed in April 2016. In February 2016, Kesha was denied a preliminary injunction that would have granted her permission to sign to a label other than Kemosabe Records. She has since dropped her original lawsuit from 2014 and restructured her legal team. On the other side of the court, Gottwald has subpoenaed a fan of Kesha’s and alleged in his own amended claims that Kesha sent text messages to Lady Gaga in which she suggests that he raped Kesha and another female recording artist.