Kesha Wins Judgment That Dr. Luke Is a Public Figure in Appeals Court Ruling Over Defamation Claims
variety.comChris Willman Senior Music Writer and Chief Music Critic Although Dr. Luke’s defamation claims against Kesha await an actual trial next month, the singer won a victory on some key points in her counterclaim Tuesday from the New York Court of Appeals, which ruled that the producer qualifies as a public figure,.
He thus will have a higher bar to hurdle in succeeding with his lawsuit against her. The suit claims that the producer/songwriter legally known as Lukasz Gottwald was defamed by Kesha Sebert when she made public or legal statements accusing him of drugging and raping her in 2005, and when she additionally alleged that he had raped another singer.
In considering Dr. Luke’s level of fame, the court wrote that “we first consider whether Gottwald is a public figure such that he must prove the allegedly defamatory statements were made with ‘actual malice.’ If subject to that standard, Gottwald would be required to prove by clear and convincing evidence that each statement was made ‘with either knowledge that it was false or reckless disregard for the truth.'” In overturning a previous ruling that established that Dr.
Luke was not a public figure, the appeals court wrote that “we agree with the dissent… that Gottwald meets this standard and is a limited-purpose public figure.
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