Kesha, who originally sued music producer Dr. Luke in October of 2014 for sexual assault and battery, sexual harassment, gender violence, emotional abuse, and violation of California business practices, is now facing a serious setback in her legal battle against the producer, which included a request for a preliminary injunction to release her from Kemosabe Records, Dr. Luke’s label. The famed producer, in turn, countersued for defamation, seeking $50 million in damages.
According to EOnline, the appeals court has rejected the singer's counterclaim, meaning she is not entitled to a jury trial to determine if she can be released from her contract.
"Kesha's proposed amendments are palpably insufficient and devoid of merit," the decision states. "Her counterclaim seeking declaratory relief terminating the agreements on the ground of impossibility and impracticability of performance was speculative, contradicted by her own allegations that she had continued performing under the agreements and, as to at least one of the agreements, the impossibility was not produced by an unanticipated event that could not have been foreseen or guarded against."
According to The Hollywood Reporter, the ruling also upheld the court's decision to grant the Dr. Luke’s motion to “compel Kesha to produce documents” of “communications between her counsel and press agents,” stating the documents lack of protection under attorney-client privilege since they “do not reflect a discussion of legal strategy relevant to the pending litigation but, rather, a discussion of a public relations strategy."
After she was accused by Luke of defamation, Kesha dropped the sexual abuse allegations, yet she has continued to fight for a dissolution of her contract. Despite her legal entanglements, Kesha continued making music, releasing her third studio album, Rainbow, and giving an acclaimed performance of her number one single Praying at the 2018 Grammys, where she was accompanied on stage by Cyndi Lauper, Julia Michaels, Bebe Rexha, Camila Cabello, and Andra Day.
Rainbow received a Grammy nomination for Best Pop Vocal Album, as well as a Best Pop Solo Performance nod for Praying. The album also appeared on several year-end lists in 2017, and has reached number one on the U.S. and Canadian Billboard charts.
This summer, she will hit the road with rapper Macklemore on The Adventures of Kesha and Macklemore tour. The tour will take place in North America between June 6, 2018, and August 5, 2018. "Just get ready for our tour, animals," Kesha wrote on Instagram recently.