Kesha Scores Pre-Trial Win In Dr. Luke Defamation Case

As Kesha's ongoing legal battle with Dr. Luke continues, New York's top appeals court came to a decision that will make it harder for the producer to prove that the pop star intentionally defamed him. On Tuesday, June 13th, New York's Court of Appeal ruled that Dr. Luke, whose real name is Lukasz Gottwald, is legally a "public figure," which means he will need to prove that Kesha, whose full name is Kesha Rose Sebert, acted with "actual malice" when she accused him of drugging and raping her after a party in 2005 per Billboard. Kesha went public with the allegations in 2014.

“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,” the appeals court wrote per Billboard. “He purposefully sought media attention for himself, his businesses and for the artists he represented, including Sebert, to advance those business interests.”

The Court of Appeals also agreed somewhat with Kesha by ruling that 5 out of 25 allegedly defamatory statements cited by Dr. Luke should be excluded from his lawsuit because they were covered by "the litigation privilege" in documents about the case. The other 20 statements will remain part of the lawsuit.

“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,” the producer lawyer Christine Lepera said in a statement to Billboard. “Therefore, at trial, Ms. Sebert will be required to defend her harmful and long-standing press campaign against Mr. Gottwald.” After being repeatedly pushed back, Dr. Luke's lawsuit will finally start on July 19th.