Kesha's latest attempt to get out of her contract with Dr. Luke (real name Lukasz Gottwald) was struck down on Tuesday, according to The Hollywood Reporter. The singer was attempting to appeal the court's March 2017 decision that prevented her from filing a countersuit against Dr. Luke. That appeal was denied.
"Kesha's proposed amendments are palpably insufficient and devoid of merit," the Appellate Division, First Department said in a ruling.
Kesha's attorney argued the singer should be able to apply a California law known as the Seven Year Rule – which caps the enforcement of personal service contracts after a set period – to get out of her contract. That attempt was rejected once again by the New York court. "The court also properly denied Kesha leave to assert a counterclaim for declaratory relief terminating the agreements on the ground that they violate California Labor Code § 2855, as the unambiguous New York choice-of-law provisions contained in the agreements preclude the application of that California statute," the ruling stated.
This is the latest in a series of legal setbacks for Kesha. In February 2016, Justice Shirley Kornreich denied the singer's request for an injunction that would have allowed her to sign with a new record label. In April 2016, Kornreich ruled that Kesha could not allege that Dr. Luke carried out a hate crime against her. And in March 2017, when Kesha attempted to countersue Dr. Luke "to be liberated from the physical, emotional, and financial bondage of a destructive relationship," Kornreich refused to let the singer's suit move forward.
The appellate court's ruling also demanded that Kesha share messages exchanged with her PR firm and former lawyer, Mark Geragos. "The communications between her counsel and press agents do not reflect a discussion of legal strategy relevant to the pending litigation but, rather, a discussion of a public relations strategy, and are not protected under the attorney-client privilege," the ruling stated.
Barring another appeal by Kesha's team, the only remaining suit in the Dr. Luke-Kesha case is the producer's defamation case against the singer.