Justice Shirley Kornreich dismissed all but one of Kesha's counterclaims against the producer
In 2014, the star, 29, accused the producer of drugging, raping and abusing her during her career. Luke, 42, in turn, has vehemently denied the allegations and countersued for breach of contract and defamation. The singer has been adamant about being released from her contracts with Luke because, she wrote in February, “This is about being free from my abuser.”
On Wednesday, New York Supreme Court Justice Shirley Kornreich cited lack of jurisdiction and failure to procure facts proving the allegations when tossing out the majority of Kesha’s counter claims.
The pop star’s claims invoking human rights laws – alleging the plaintiffs “discriminated against [her] based on her gender” – were dismissed because “Kesha failed to plead that any of the alleged discrimination occurred in New York State or City … the court has no jurisdiction over” the claims, the judge wrote in court documents obtained by PEOPLE.
As for the civil rights, or “hate crime,” laws she argued, the singer did not prove Dr. Luke “harbored animus towards women or was motivated by gender animus when he allegedly behaved violently toward Kesha,” the judge stated. “Every rape is not a gender-motivated hate crime.”
According to Justice Kornreich, the only allegations Kesha made that meets the elements of “physical violence or property damage” were claims that Luke assaulted her on an airplane and raped her in his hotel room. But “the claim is time-barred,” writes Kornreich.
The singer’s claim of “intentional infliction of emotional distress” was also dismissed because the judge believes her allegations “do not meet the strict pleading standard. Her claims of insults about her value as an artist, her looks, and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilized society,” Kornreich wrote, adding the instances that would constitute as intentional were “time-barred.”
Aside from throwing out her claims, the judge also denied Kesha’s request to make amendments. “Kesha’s request for leave to amend the CCs is denied because there is nothing in the record from which the court can determine whether the amendment would be meritorious,” state the papers.
However, the judge wrote the claim in the lawsuit regarding Kesha’s recording contracts will continue.
The dismissals are just the latest movement in the case. This week, a source told PEOPLE the singer was in talks to retain esteemed attorney Dan Petrocelli – who successfully argued a wrongful death civil suit against O.J. Simpson – to co-counsel with her current attorney Mark Geragos. And last month, Kesha appealed judge Kornreich’s February ruling, when she denied the singer’s request for a preliminary injunction that would allow her to record music outside of Luke’s purview while the lawsuit wages on.
Reps for Kesha and Dr. Luke are not commenting at this time.