New York appeals court REJECTS Kesha’s counterclaim

Kesha may have to find another way to get her contracts with Dr. Luke nullified after a New York appeals court rejected her counterclaims against him. 

The 31-year-old singer is being sued by her producer for smearing his reputation by accusing him of sexual misconduct. 

In response, Kesha launched her own claim in an effort to break her agreements with Dr. Luke. 

‘Kesha’s proposed amendments are palpably insufficient and devoid of merit,’ states a decision on Tuesday by New York’s First Department, the Hollywood Reporter reported.

A New York appeals court has rejected Kesha’s counterclaim trying to severe her agreement with producer Dr. Luke

‘Her counterclaim seeking declaratory relief terminating the agreements on the ground of impossibility and impracticability of performance was speculative, contradicted by her own allegations that she had continued performing under the agreements and, as to at least one of the agreements, the impossibility was not produced by an unanticipated event that could not have been foreseen or guarded against.’

The news comes after New York Supreme Court Justice Shirley Kornreich halted Kesha’s effort to get out of her agreement in March 2017. 

The singer had claimed that she was owed royalties and performing under the constraints of her deal would not benefit her. 

New York Supreme Court Justice Shirley Kornreich halted Kesha’s effort to get out of her agreement in March 2017

She also said that Dr. Luke did not offer any financial support for her 2017 album Rainbow. 

Judge Kornreich rejected the suit, claiming that Kesha had not given any notice of contract breach.

The decision from the court bars any further appeals from Kesha, making her have to seek a new way out of her contract. 

The 31-year-old singer (far right) is being sued by her producer (right) for smearing his reputation by accusing him of sexual misconduct

Dr. Luke’s case can now move forward and the producer will have to prove how Kesha defamed him. 

The producer will also have to prove that the singer’s claims of abuse don’t hold merit. 

Kesha will also have to release documents from her PR firm and from her former attorney. 

Those communications weren’t a part of legal strategy and are not protexted by attorney-client privilege.