Kesha has suffered another setback in her case against producer Dr. Luke after being denied an appeal of a legal ruling that she defamed him.
The legal battle between the two has been ongoing since 2014, when Kesha sued Dr. Luke, real name Lukasz Gottwald, for emotional abuse and sexual assault.
He went on to countersue Kesha, claiming she had breached her recording contract and concocted rape allegations in a bid to nullify the deal.
In February, 2020, a New York Supreme Court judge ruled that Kesha had defamed Gottwald in a text she sent to Lady Gaga claiming he had raped Katy Perry - allegations both Perry and Gottwald have denied.
And despite appealing the verdict, on 22 April, their request was denied, according to The Hollywood Reporter.
Three of the five judges at the New York Court of Appeals found that Gottwald is not a "public figure" - not even in a limited purpose for the case - and "never sought out publicity" around the case.
"Although Gottwald has sought publicity for his label, his music and his artists - none of which are subject of the defamation here - he never injected himself into the public debate about sexual assault or abuse of artists in the entertainment industry," the ruling reads.
"Gottwald, a successful music producer, has not attracted media attention for his relationship with his clients or his treatment of artists in the entertainment industry but for his work as a music producer on behalf of, and the fame of, the artists he represents."
The ruling states that despite Gottwald's success as a producer, he is not a "general-purpose" public figure.
"Gottwald's success in the music business is not enough to bring him into the realm of a general-purpose public figure, even if the music he produces is known to the general public or he is associated with famous or household word musicians, especially where he has used his efforts as a producer to obtain publicity not for himself, but for the artists that he represents."
According to The Hollywood Reporter, Kesha's case may have been stifled by New York's recent passing of an anti-SLAPP (strategic lawsuit against public participation) law, which "makes even private-figure plaintiffs demonstrate a defendant's actual malice on issues of public concern".
A final trial date for the case has yet to be set.
