Kesha lost a big ruling, but the senator who wrote the law is now saying it was wrong.
told the court that it got the decision wrong and urged it to reconsider. It’s helpful news for Kesha because Hoylman is something of an authority on the subject: he was the state senator who spearheaded the passage of the new anti-SLAPP law and co-authored its text.
Dr. Luke, whose full name is Lukasz Gottwald, filed his lawsuit against Kesha in 2014, claiming she had legally defamed him with a “false and shocking” allegation that he drugged and raped her after a 2005 party. He claimed she did so as leverage to secure a more lucrative deal. That decision was important because the new statute would have required Dr. Luke to prove Kesha acted with “actual malice” when she allegedly accused him falsely — a rigorous standard that would make it much harder to win his case. Applying the new anti-SLAPP law would also have allowed Kesha to win repayment of herbills if she eventually wins the case.
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