Kesha can’t use 'critical' evidence about alleged sex assault in Dr. Luke trial, court rules.
In the ruling Thursday, the appellate panel said Kesha’s “belated disclosure” was simply too late considering “four years of extensive discovery” had ended with a hard deadline two years prior. They agreed with the lower court that the lawyer’s notes were under her custody and control and that if she had produced them years earlier, Dr. Luke’s lawyers “could have altered their litigation strategy.
At a hearing on the matter in October, Kesha’s lawyer Leah Godesky said she only learned about the notes when she called Clarick to make sure he would be available to testify at trial. “It would be, I mean, just a complete travesty of justice for the jury to be led to believe Kesha never told anyone about a sober pill until 2013 when we have concrete evidence of her telling her lawyer about it in 2006,” Godesky argued in October, according to a transcript obtained by“We cannot have a trial where Ms.
“I just cannot imagine discovery misconduct where you could preclude use of such a critical document,” she added., the same day she filed a dueling lawsuit against him in Los Angeles. Her complaint alleged the music producer knocked her out with “sober pills” and raped her during nearly a decade of alleged sexual, physical, and emotional abuse.
His lawsuit alleged Kesha, born Kesha Rose Sebert, defamed him amid an attempt to extort a better contract. Kesha transferred her claims to New York, where they were dismissed largely on the grounds they were simply too old. Gottwald’s suit survived.
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