In a significant victory for Luke and his label Kemosabe Records, a subsidiary of Sony Music Entertainment, New York Supreme Court Justice Shirley Kornreich has thrown out Kesha’s claims that Luke violated hate crime laws by physically, sexually, and verbally abusing her.
Such claims need to have specific evidence of physical violence or property damage, wrote Kornreich, and Kesha’s allegations of insults and verbal abuse don’t qualify. “Insults about her value as an artist, her looks, and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilized society,” wrote Kornreich.
As for her claim that Luke raped her in 2008, the incident allegedly happened too long ago — there’s a five-year statute of limitations that prevents legal action from being taken now. "The claim is time-barred,” ruled the judge.
She also dismissed the idea that a proven sexual assault would necessarily break hate crime laws. "Every rape is not a gender-motivated hate crime,” she wrote.
One counterclaim still remains on the table: If the judge agrees that Kesha’s contract was voided when Dr. Luke sued her for breach of contract in 2014, she may still have a chance at getting out of her deal. But the allegations of abuse have been dismissed without the possibility to amend them.