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| The end of #FreeKesha: judge's ruling brings pop star back to square one | |
| (about 3 hours later) | |
| After a grueling 18-month legal battle between Kesha, the world-famous pop star, and Dr Luke, her former producer who she claims raped her, a ruling this week by a New York state judge has brought their furious dispute back to where it started: two lawsuits, telling bitterly opposite stories. | After a grueling 18-month legal battle between Kesha, the world-famous pop star, and Dr Luke, her former producer who she claims raped her, a ruling this week by a New York state judge has brought their furious dispute back to where it started: two lawsuits, telling bitterly opposite stories. |
| The first was filed by Kesha in California in October 2014. The suit shocked the music world with its allegations that her decade-long recording relationship with Dr Luke – real name Lukasz Sebastian Gottwald – was marred by sexual abuse, verbal aggression and at least one instance of rape. | The first was filed by Kesha in California in October 2014. The suit shocked the music world with its allegations that her decade-long recording relationship with Dr Luke – real name Lukasz Sebastian Gottwald – was marred by sexual abuse, verbal aggression and at least one instance of rape. |
| Related: The Kesha ruling is offensive, dismissive and utterly predictable | Lucia Graves | Related: The Kesha ruling is offensive, dismissive and utterly predictable | Lucia Graves |
| Hours later, Gottwald filed a countersuit in New York for breach of contract and for defamation, as his lawyers claimed that Kesha’s allegations of assault were a publicity stunt. | Hours later, Gottwald filed a countersuit in New York for breach of contract and for defamation, as his lawyers claimed that Kesha’s allegations of assault were a publicity stunt. |
| In public and in court, Gottwald has denied all the allegations against him. “Kesha and I were friends for many years and she was like my little sister,” he tweeted in February. “I feel confident when this is over the lies will be exposed and the truth will prevail.” | In public and in court, Gottwald has denied all the allegations against him. “Kesha and I were friends for many years and she was like my little sister,” he tweeted in February. “I feel confident when this is over the lies will be exposed and the truth will prevail.” |
| For months, both lawsuits have been stalled by a roiling legal fight that found public expression in the social media movement #FreeKesha. Kesha, in response to Gottwald’s accusations, argued that her agreements with Gottwald were invalid due to his alleged sexual and verbal abuse. The #FreeKesha hashtag went viral among legions of fans. Kesha’s fellow pop stars, including Miley Cyrus, Lorde, Grimes and Lady Gaga, publicly expressed their support. Taylor Swift gave the singer $250,000. | For months, both lawsuits have been stalled by a roiling legal fight that found public expression in the social media movement #FreeKesha. Kesha, in response to Gottwald’s accusations, argued that her agreements with Gottwald were invalid due to his alleged sexual and verbal abuse. The #FreeKesha hashtag went viral among legions of fans. Kesha’s fellow pop stars, including Miley Cyrus, Lorde, Grimes and Lady Gaga, publicly expressed their support. Taylor Swift gave the singer $250,000. |
| But, at least for now, the #FreeKesha phase is over. | But, at least for now, the #FreeKesha phase is over. |
| In February, Judge Shirley Kornreich dismissed a motion by the singer to void her contract with Gottwald’s companies and their parent corporation, Sony, while the legal battle was ongoing. At the ruling, Kesha sobbed. On Wednesday, the same judge effectively barred all of Kesha’s claims of abuse and harassment from being argued in Gottwald’s New York countersuit. | In February, Judge Shirley Kornreich dismissed a motion by the singer to void her contract with Gottwald’s companies and their parent corporation, Sony, while the legal battle was ongoing. At the ruling, Kesha sobbed. On Wednesday, the same judge effectively barred all of Kesha’s claims of abuse and harassment from being argued in Gottwald’s New York countersuit. |
| What comes now, barring more legal proceedings, are the original lawsuits. Kesha continues to claim that Gottwald committed sexual assault and harassment, and used coercive business practices. She claims that her former producer raped her at least once, on a plane after forcing her to use drugs, and possibly another time, in a hotel room after giving her a date rape drug. | What comes now, barring more legal proceedings, are the original lawsuits. Kesha continues to claim that Gottwald committed sexual assault and harassment, and used coercive business practices. She claims that her former producer raped her at least once, on a plane after forcing her to use drugs, and possibly another time, in a hotel room after giving her a date rape drug. |
| Gottwald once physically threatened her at his Malibu home, she alleges, and to escape she ran barefoot down the Pacific Coast Highway, climbing into the surrounding hills to hide. | Gottwald once physically threatened her at his Malibu home, she alleges, and to escape she ran barefoot down the Pacific Coast Highway, climbing into the surrounding hills to hide. |
| “She lived in a prison of his abuse,” her lawsuit concludes. | “She lived in a prison of his abuse,” her lawsuit concludes. |
| But Kesha’s legal losses may be a grim signal of where the fight to end her business relationship with her alleged abuser is headed. | But Kesha’s legal losses may be a grim signal of where the fight to end her business relationship with her alleged abuser is headed. |
| That Kesha found herself arguing in court in New York was a stroke of bad luck – and probably the result of a clause in her contract that forces disputes to be adjudicated in that state. By suing in New York, where the court has no jurisdiction to rule on incidents alleged to have occurred in California, Gottwald has forced Kesha to fight his lawsuit in a venue where her claims were likely to be barred. | That Kesha found herself arguing in court in New York was a stroke of bad luck – and probably the result of a clause in her contract that forces disputes to be adjudicated in that state. By suing in New York, where the court has no jurisdiction to rule on incidents alleged to have occurred in California, Gottwald has forced Kesha to fight his lawsuit in a venue where her claims were likely to be barred. |
| In still worse luck for the singer, a Los Angeles superior court judge froze Kesha’s lawsuit until Gottwald’s lawsuit, for breach of contract and defamation, is settled. In the ruling, Judge Barbara Scheper said she saw no evidence that Kesha didn’t freely enter into her contracts. It was a blow to Kesha’s contention that Gottwald coerced her into signing with his companies and, once he began to abuse her, threatened her into continuing to work with him. | In still worse luck for the singer, a Los Angeles superior court judge froze Kesha’s lawsuit until Gottwald’s lawsuit, for breach of contract and defamation, is settled. In the ruling, Judge Barbara Scheper said she saw no evidence that Kesha didn’t freely enter into her contracts. It was a blow to Kesha’s contention that Gottwald coerced her into signing with his companies and, once he began to abuse her, threatened her into continuing to work with him. |
| In New York in February, Kornreich roundly dismissed Kesha’s argument that continuing to work for her alleged abuser’s companies would be its own form of abuse. The judge noted that Sony has stated it is “ready, willing and able” to provide Kesha with a new producer. | In New York in February, Kornreich roundly dismissed Kesha’s argument that continuing to work for her alleged abuser’s companies would be its own form of abuse. The judge noted that Sony has stated it is “ready, willing and able” to provide Kesha with a new producer. |
| On Wednesday, when Kornreich tossed most of Kesha’s lawsuit, she took pains to illustrate how Kesha had failed to clear a high bar for claims of emotional distress and hate crimes, or to present evidence backing up specific instances of abuse. | On Wednesday, when Kornreich tossed most of Kesha’s lawsuit, she took pains to illustrate how Kesha had failed to clear a high bar for claims of emotional distress and hate crimes, or to present evidence backing up specific instances of abuse. |
| “Every rape is not a gender-motivated hate crime,” she wrote, to much controversy. “Her claims of insults about her value as an artist, her looks, and her weight are insufficient to constitute ‘extreme, outrageous conduct intolerable in civil society’.” | “Every rape is not a gender-motivated hate crime,” she wrote, to much controversy. “Her claims of insults about her value as an artist, her looks, and her weight are insufficient to constitute ‘extreme, outrageous conduct intolerable in civil society’.” |
| It may take years for Gottwald’s lawsuit in New York to play out. But all this may signal a struggle for the singer in California. | It may take years for Gottwald’s lawsuit in New York to play out. But all this may signal a struggle for the singer in California. |
| Her lawsuit rests on similar claims – that she can prove more than a decade of abuse, that Gottwald’s alleged abuse was coercive, and that there is no effective way to protect her from future abuse, by those who turned a blind eye to Gottwald’s supposed actions, other than to sever her contracts. Over a protracted legal fight, Kornreich and Scheper have now rejected parts of many of these claims. | Her lawsuit rests on similar claims – that she can prove more than a decade of abuse, that Gottwald’s alleged abuse was coercive, and that there is no effective way to protect her from future abuse, by those who turned a blind eye to Gottwald’s supposed actions, other than to sever her contracts. Over a protracted legal fight, Kornreich and Scheper have now rejected parts of many of these claims. |
| And ultimately, there is no precedent for allowing a singer to break her contract with someone who assaulted her sexually, even if she proves it in court. Kesha’s legal battle is shaping up to be a good example of why. | And ultimately, there is no precedent for allowing a singer to break her contract with someone who assaulted her sexually, even if she proves it in court. Kesha’s legal battle is shaping up to be a good example of why. |