While Lukas “Dr. Luke” Gottwald’s defamation lawsuit against former protégé Kesha is still pending, her attempts to extradite herself from contracts she signed with him and his Kemosabe label have been halted again. On Tuesday, a New York appeals court affirmed a judge’s decision to reject Kesha’s her counterclaims, the latest in several attempts by her to have her agreements with Gottwald terminated. The news was first reported by The Hollywood Reporter.
The countersuit was first stymied in March of last year, when New York Supreme Court Justice Shirley Kornreich supported Gottwald’s attorneys’ argument that the singer should have provided notice of alleged contract breaches and that her allegation of the impossibility of her performing under the deals (which she claimed, due to her troubled relationship with the producer) was based upon speculation. That decision was arguably supported by the fact that Kesha released an album, “Rainbow,” has performed frequently and is setting out on tour with Macklemore this summer.
“Kesha’s proposed amendments are palpably insufficient and devoid of merit,” the decision reads. “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 court also upholds Kornreich’s decision to force Kesha to surrender documents held by her publicist and former attorney, Mark Geragos.
“The communications between her counsel and press agents do not reflect a discussion of legal strategy relevant to the pending litigation but, rather, a discussion of a public relations strategy, and are not protected under the attorney-client privilege,” it reads.