In a ruling yesterday, New York Supreme Court Judge Shirley Werner Kornreich dismissed Kesha’s counterclaims against Dr. Luke for violations of New York statutes on gender-motivated hate crimes and gender-based employment discrimination. The court had previously denied Kesha’s motion for a preliminary injunction that would have permitted her to record with other producers and production companies while the underlying breach of contract action was pending.
Among Kesha’s counterclaims were allegations of gender discrimination by all counterclaim Defendants (Dr. Luke, and four record companies, including Sony). However, none of the alleged incidents took place in New York State or City, so these counts were dismissed because the court lacks subject matter jurisdiction.
Kesha’s allegations that the alleged violent incidents (i.e. Dr. Luke’s sexual assaults of her in 2005 and 2008) were motivated by gender were dismissed because the counterclaims failed to allege that Dr. Luke “harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha. Every rape is not a gender-motivated hate crime.” Additionally, the corporate litigants cannot be held liable under the bias crime statute, §8-904, because the statute is limited to violence committed by an individual. The court also points out that Kesha has not alleged that any violent acts occurred in New York City, and the statute is limited by the geographical borders. The court additionally states that the statute of limitations has run on these allegations in the counterclaim – there are three possible statutes that might be applicable, but even the broadest statute of limitation ran in 2013.
Likewise, Kesha’s counterclaim for Intentional Infliction of Emotional Distress is time-barred.
Kesha’s request for leave to amend the counterclaim was also denied because the court was not given any specifics about what amendments would be made, and could therefore not make a determination about any potential prejudice.
It may be possible for some of these claims to be revived under the California lawsuit that has been stayed pending the outcome of the New York proceedings, because of a forum clause in Kesha’s contract.
The Judge’s opinion can be found at:
https://www.scribd.com/book/307253810/Kesha-Ruling