Dr. Luke loses bid to head off trial on Kesha rape allegations

MANHATTAN (CN) — New York’s high court ruled Tuesday that pop music mega producer Dr. Luke is a “public figure” for the purposes of an upcoming trial where he will claim that the singer Kesha defamed him by alleging that he drugged and raped her as a teenager.

The designation comes with a higher legal standard for Dr. Luke, whose real name is Lukasz Gottwald, to prove actual malice by clear and convincing evidence. While a private figure plaintiff need show only ordinary negligence on the part of a defendant, a public figure must surmount the “actual malice” requirement to prevail.

Gottwald's suit in New York has remained ongoing, even though the claims that inspired it from the singer born Kesha Rose Sebert have long been either dropped or dismissed.

"By 2014, when Gottwald initiated this defamation action, he was, by his own account, a celebrity — an acclaimed music producer who had achieved enormous success in a high-profile career," Associate Judge Michael Garcia wrote for the unanimous New York Court of Appeals on Tuesday.

Gottwald's attorneys said Tuesday they are confident they can meet the threshold for defamation.

"We are pleased that the Court of Appeals agreed with the multiple courts below that the vast majority of Sebert’s defamation statements are fully actionable, and that Mr. Gottwald’s claims must be resolved on the merits at trial," a spokesperson for Mitchell Silberberg & Knupp wrote. "Ms. Sebert will be required to defend her harmful and long-standing press campaign against Mr. Gottwald, and cannot hide behind a blanket litigation privilege as she argued."

The 36-year-old singer known for such hits as “TiK ToK” and “Praying” went public with her allegations in a 2014 civil suit that claimed Gottwald had drugged and raped her in 2005 and emotionally tormented her for years.

Gottwald brushed off the allegations as an invented attempt to get out of her record contract. Initially the producer persuaded both a trial judge and an intermediate appeals court that his status did not reach that of a public figure.

Urging another win, the producer’s lawyer David Steinberg insisted last month at oral arguments in Albany that Gottwald is not a household name outside of the music industry, so he cannot be considered a public figure, limited or otherwise.

Manhattan Supreme Court Judge Jennifer Schecter has set a firm trial date of July 26 for the highly publicized case, with jury selection scheduled to commence on June 19.

Gottwald, 49, has worked with stars including Katy Perry, Miley Cyrus, Kelly Clarkson and Nicki Minaj. His career ebbed after Kesha came forward with allegations that drew support from women stars including Kelly Clarkson, Taylor Swift, Adele and Lady Gaga.

But under the moniker Tyson Trax, he made a comeback in 2020, producing and co-writing “Say So,” Doja Cat’s Billboard Hot 100 No. 1 hit. It earned him his first Grammy nomination since 2014.

Last May, Gottwald was named songwriter of the year at the 2023 ASCAP Pop Music Awards.

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