Kesha has earned a pre-trial win in her defamation lawsuit against Dr. Lukasz Gottwald. New York Court Appeals ruled Tuesday afternoon (June 13) that the music producer is considered a “limited public figure.” The announcement comes weeks before the long-awaited trial begins.
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Now that Dr. Luke will be deemed a public figure, he will need to prove that Kesha’s claims were false or that she acted with “reckless disregard for the truth.” Before the ruling was overturned, he was declared a private figure and held to a lower standard.
“By 2014, when Gottwald initiated this defamation action, he was, by his own account, a celebrity – an acclaimed music producer who had achieved enormous success in a high-profile career,” wrote Judge Michael Garcia in official court documents obtained by Reuters. “He purposefully sought media attention for himself, his businesses, and for the artists he represented, including Sebert, to advance those business interests.”
Dr. Luke accused the singer/songwriter of defamation, after she claimed he drugged and raped her after a 2005 party, reported Billboard.
The appeals court also ruled that New York’s “anti-SLAPP” law will now apply to Dr. Luke’s lawsuit. According to the Reporters Committee For Freedom of The Press, the Anti-SLAPP laws allow defendants to “dismiss meritless lawsuits” filed against them. If Kesha wins, she can demand Dr. Luke to pay most of her legal bills.
“Sebert may assert a counterclaim under [the anti-SLAPP law] and, if successful, recover costs, attorney’s fees, and damages based on Gottwald’s continuation of this action following the [the statute’s] effective date,” read the released documents.
During the ruling on Tuesday, the court also declared that a judge should have permitted Kesha to file counterclaims against Dr. Luke for “emotional distress, punitive damages, and legal fees.” Dr. Luke’s attorney, Christine Lepera, believes Kesha’s claims would have been “rejected” if submitted.
“We are pleased that the Court of Appeals agreed with Dr. Luke that the vast majority of Ms. Sebert’s statements are properly the subject of his defamation claim,” Lepera told Billboard in a statement. “Therefore, at trial, Ms. Sebert will be required to defend her harmful and long-standing press campaign against Mr. Gottwald.”
The official trial will commence on July 19, 2023.
Photo by Michael Kovac/Getty Images for NEON
