Kesha has experienced another bump in the road during her battle with Dr. Luke...
Justice Kornreich cited a lack of evidence and jurisdiction on her claims of gender-based hate crimes, infliction of emotional distress, and employment discrimination.
“Kesha failed to plead that any of the alleged discrimination occurred in New York State or City,” the New York Judge wrote, which accounts for the lack of jurisdiction. She also claims that the statutes of limitations had passed on some of the singer's allegations.
Kesha initially filed a civil suit in Los Angeles in October of 2014. The case alleged that Gottwald had emotionally and sexually abused her. It also claimed one instance of rape since the producer signed Kesha to a recording contract back in 2005.
Gottwald then responded with a counter-suit in New York which accused Kesha and her mother of defamation and breach of contract. Kesha's legal team proceeded to file a counter-claim in New York, as a result her Los Angeles suit was stayed.
This is just the latest legal setback that the singer has faced. Last February, a judge denied her request to be released from her contract, after Sony, the parent company of Dr. Luke's record label Kemosabe, stated that it was “ready, willing, and able to approve a producer with whom Kesha can work other than Gottwald.”
Justice Kornreich also cited Kesha's lack of specification as a cause for the dismissal of the case stating that while the singer claims that she was “sexually, physically and verbally abused by Gottwald for a decade, she describes only two specific instances.”, one in 2005 and 2008.
The Judge already broached this allegation with the beleaguered artist's legal team in a hearing last February. "You have to be specific," she said, explaining "and you have to be specific as to what happened and when it happened, at the very least. And it's not here."
On the alleged hate crime the Justice said “Although Gottwald’s alleged actions were directed to Kesha, who is female,” she stated that the claims “do not allege that Gottwald harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha.”
She also wrote “Every rape is not a gender-motivated hate crime.”
It remains to be seen how Kesha and her legal team will respond to the latest setback in their case, but it is possible that this will reignite their California based case. We'll have to wait and see what happens with the fervid #FreeKesha campaign.