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Judge denies Kesha's amended lawsuit against Dr. Luke

By Wade Sheridan
Kesha arrives on the red carpet at the Billboard Women in Music 2016 event on December 9. The singer has lost another court battle to producer Dr. Luke. File Photo by John Angelillo/UPI
1 of 2 | Kesha arrives on the red carpet at the Billboard Women in Music 2016 event on December 9. The singer has lost another court battle to producer Dr. Luke. File Photo by John Angelillo/UPI | License Photo

March 22 (UPI) -- Kesha has experienced another set back in her ongoing legal battle with Dr. Luke as a judge has rejected her amended lawsuit against the producer.

New York Supreme Court Justice Shirley Kornreich handed down the ruling Tuesday, similar to one she made in April 2016 in which the singer's claims against Dr. Luke, who she accuses of rape, were dismissed.

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Dr. Luke in response has sued Kesha for defamation for the allegations of sexual abuse. The 30-year-old who is under contract with Dr. Luke, real name Lukasz Gottwald, had initially tried to escape the deal.

"You can get a divorce from an abusive spouse. You can dissolve a partnership if the relationship becomes irreconcilable. The same opportunity -- to be liberated from the physical, emotional, and financial bondage of a destructive relationship -- should be available to a recording artist, " Kesha said in her proposed countersuit in January, according to court documents obtained by E! News.

The countersuit argued that Kesha should be released from her contract with Dr. Luke due to unpaid royalties and an alleged unwillingness by Luke to assist in the release of a third album. Dr. Luke's attorney's then claimed that Kesha owes $3.1 million in royalties and that she failed to give a 30-day notice to end her contract.

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"Here, Kesha made no showing that it would have been futile to send an appropriate notice or that she was prevented from doing so," Kornreich said in siding with Dr. Luke. "Thus, Kesha may not assert a counterclaim for breach of the Prescription Agreement."

Kornreich also denied the pop star declaratory relief after Kesha citied reports that record label Sony would be terminating their partnership with Dr. Luke leaving her third album in limbo

"It is speculative, not justiciable, whether Sony's contract is ending and whether it will be able to assist after this month," the judge said. "Furthermore, KMI [Dr. Luke's company] may not choose to exercise its options for future albums after the third is released."

Kesha's attempts to use a California labor law to end her contract with Dr. Luke after seven years was also rejected.

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