Kesha’s lawyers filed a notice of appeal on Monday to attempt to overturn Judge Shirley Kornreich’s February decision to deny the singer an injunction
on her recording contract, effectively keeping her in contract with Sony and several of the company’s imprints associated with producer Dr. Luke, whom Kesha has accused of drugging and sexually assaulting her. Dr. Luke has denied any wrongdoing in the case, calling the singer's claims "outright lies."
In a pre-argument statement obtained by ET, Kesha’s lawyer, Mark Geragos, stated that the singer is seeking a reversal of the decision based on three main points, the first being that “the Court erred in basing its decision on its finding that Kesha could record without interference from Gottwald.”
“Although it recognized that ‘slavery was done away with a long time ago’ and that ‘you can't force someone to work . . . in a situation in which they don't want to work,’ the Court's ruling requiring Kesha to work for Gottwald's companies, purportedly without his involvement, does just that,” the statement read. “As the Court itself recognized, ‘It's slavery. You can't do that.’”
Secondly, the singer’s lawyers argued that Judge Kornreich was wrong in concluding that there was no evidence of “irreparable harm to Kesha.”
“In support of her Motion for a Preliminary Injunction, Kesha submitted affidavits by individuals with over 100 years of collective personal experience in the music industry, each of whom attested to the fact that a young pop star’s fame will fade quickly, and permanently, due to a loss of momentum,” Kesha’s lawyers explained in the statement, before listing several cases which establish legal precedent.
Finally, Geragos and his team contended that the court erred in finding that “the balance of equities” favored Sony on the business side of the case, arguing that both Sony Music and Dr. Luke would be free to make music and money with other young talent.
A representative for Dr. Luke submitted a statement to Rolling Stone
on Monday, slamming Kesha’s appeal and praising Judge Kornreich’s Feb. 19 decision.
"The Court repeatedly stated Kesha was already free to record without Dr. Luke, and that she had not presented any facts supporting her claims," the rep said. "That's because all the evidence -- including Kesha's own sworn testimony -- show her allegations are false. Her attorneys can continue manufacturing even more false and outrageous claims, but the fact remains that her time would be better spent in a studio than wasting time having her lawyer and mother spin lies in the media."
Earlier this month, Dr. Luke denied rumors that Sony was preparing to drop him from their roster amid the legal battle.
"This is not true. Luke has an excellent relationship with Sony," the producer’s attorney said in a statement to ET. "His representatives are in regular contact with executives at the highest levels at Sony and this has never come up."