MLee (britrawick) wrote in ohnotheydidnt,
MLee
britrawick
ohnotheydidnt

Kesha's amended lawsuit against Dr. Luke rejected by judge


-Its yet another setback in her battle against Lukasz
-New York SupremeSpecifically, Kesha tried to assert that Dr. Luk Court Justice Shirley Kornreich on Tuesday refused her attempt at amended counterclaims.
-Dr. Luke is suing her for smearing him through allegations of sexual abuse. Kesha initially attempted to escape her contract by claiming a "hate crime," but in April 2016, the judge rejected those claims
-"You can get a divorce from an abusive spouse," began her proposed countersuit. "You can dissolve a partnership if the relationship becomes irreconcilable. The same opportunity — to be liberated from the physical, emotional, and financial bondage of a destructive relationship — should be available to a recording artist."
-Specifically, Kesha tried to assert that Dr. Luke's company breached contract by refusing to send accounting statements and pay her royalties. . Kesha alleged he wanted to leave her Penniless and that he wouldnt sign off on a new album
-In response, Dr. Luke's lawyers alleged it was Kesha who actually owed 1.3 million in royalties and further, that she failed to provide notice and a thirty-day cure period.Judge Kornreich agrees with Dr. Luke.
-Kornreich also rejects Kesha's attempt to assert that Dr. Luke breached the covenant of good faith and fair dealing. Since the judge has determined that Kesha did not perform under her recording agreement and failed to give notice under her songwriting agreement, the judge says she "cannot maintain a breach of contract claim based on the implied covenant" in those deals.
-The pop star sought declaratory relief declaring that it will be impossible to perform under the deals due to the acrimonious relationship. Kesha cited that Sony's deal with Dr. Luke ends this month and that she'd have no go-between, making her situation worse.
-"It is speculative, not justiciable, whether Sony's contract is ending and whether it will be able to assist after this month," responds the judge. "Furthermore, KMI [Dr. Luke's company] may not choose to exercise its options for future albums after the third is released. Finally, with respect to the Prescription Agreement, signed in November 2008, Gottwald's allegedly abusive behavior was foreseeable."
-Finally, represented by Daniel Petrocelli at O'Melveny & Myers, Kesha boldly attempted to assert the so-called Seven Year Rule on personal service contracts under California law in a New York court.
-"To protect young, newly discovered recording artists from this precise manner of exploitation in quasi-lifetime un-severable professional relationships, California labor law requires all music contracts to end within seven years of execution," stated her proposed counterclaim.
-But this novel effort also fails because Kornreich decides to honor a New York choice-of-law provision in the agreements.


Source

Damn, she can't catch a break. Read the whole thing at the source, not very encouraging. Think she needs better lawyers
Tags: hostage brituation (britney spears), kesha, sexism
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