By Amanda Wicks
UPDATE: Dr. Luke’s attorney Radio.com a statement after the article was published. See the full statement at the bottom.
The Kesha/Dr. Luke legal battle may soon get one step closer to resolution. According to The Hollywood Reporter, the singer filed an injunction on Friday, requesting a New York judge make a preliminary determination regarding the case’s merit.
Kesha originally filed her lawsuit against Dr. Luke and Kemosabe Records (housed under Sony), in California, whereas Dr. Luke filed his lawsuit against Kesha in New York. A stipulation in her contract with Kemosabe Records states all disputes must be handled in New York, which delayed the case until her actions to keep it moving forward on Friday.
Kesha claims if she doesn’t get a ruling soon, her career will be over. In a new affidavit, she added to her previous statement and received support from former Universal Music Group Distribution president CEO Jim Urie. “No mainstream distribution company will invest the money necessary to distribute songs for an artist who has fallen from the public eye, as is happening to Kesha at this very moment,” Urie says. “Accordingly, if Kesha cannot immediately resume recording and having her music promoted, marketed, and distributed by a major label, her career is effectively over.”
Kesha and Dr. Luke originally filed lawsuits against one another in October 2014. Kesha, who has a contract with Kemosabe, alleges Dr. Luke sexually abused her and became a controlling and manipulative producer. If she wins, the lawsuit will extricate her from her contracts with Kemosabe and, in turn, Sony. Dr. Luke, in turn, sued Kesha for attempting to extort him in order to nullify her contracts.
“I know I cannot work with Dr. Luke,” she states in her most recent affidavit. “I physically cannot. I don’t feel safe in any way.”
To support Kesha’s injunction request, her attorney Mark Geragos wrote in court papers, “Until this Court rules on the declaratory judgment claim, Kesha is at an impasse. She cannot work with music producers, publishers, or record labels to release new music. With no new music to perform, Kesha cannot tour. Off the radio and stage and out of the spotlight, Kesha cannot sell merchandise, receive sponsorships, or get media attention. Her brand value has fallen, and unless the Court issues this injunction, Kesha will suffer irreparable harm, plummeting her career past the point of no return.”
After Radio.com published this story, Dr. Luke’s attorney, Christine Lepera, emailed this statement in response.
“We are confident this motion will be denied because it is without merit. Kesha continues to make the same false claims of abuse against Dr. Luke she testified never happened under penalty of perjury. As with all pleadings in this case, her affidavit is vague and unsubstantiated, with pivotal details such as dates fudged, and notably fails to address her unequivocal prior sworn testimony to the contrary.
If Kesha now regrets her career being mired in legal proceedings, it’s entirely her making. It was Kesha who chose to file a lawsuit falsely alleging abuse to gain advantage in contract negotiations, and now she must accept the consequences of her improper actions. As long as she continues to stand by her false claims of abuse against Dr. Luke and remains in breach of her contracts, he will continue to protect his professional and personal reputation, as well as his contractual rights, in a court of law. He looks forward to obtaining judgments in his favor.”