Dr. Luke's long-running defamation lawsuit against Kesha is finally going to trial on July 26.
“It would be a monumental waste of party and judicial resources to proceed to trial when there is a very real risk that a new trial immediately would be required, as would be the case if the Court of Appeals reverses as to any of the several questions currently before it. Promptly resolving the pending appeals is essential before trial can begin,” Kesha’s lawyer Leah Godesky wrote to the court in August., Dr.
In one of her pending appeals, Kesha is trying to reverse a ruling that found Dr. Luke is a private figure, meaning he only has to prove Kesha acted with negligence, not actual malice, when she accused him of misconduct. Kesha’s second appeal is seeking to overturn a decision that found if she prevails in the case, she can’t get retroactive coverage from a new 2020 law that lets winning defendants seek legal fees from the wealthy plaintiffs who sue them. That means if Kesha wins, she can’t file a counterclaim against Dr. Luke seeking coverage of her presumably expensive legal defense tab.
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