Kesha's fight for musical freedom is still far from over.
On Tuesday a New York Supreme Court Justice prohibited the pop singer's request to amend her counterclaim lawsuit against Dr. Luke, the producer she alleges sexually assaulted her in 2014, according to documents obtained by E! News. In late January, Kesha's legal team filed a petition arguing that she should be released from her record contract with Dr. Luke's label because of unpaid royalties and an alleged unwillingness on Luke's part to assist in the release of her third studio album.
Dr. Luke's attorneys claim it is Kesha who owes $3.1 million in royalties, and that she didn't give a 30-day notice to end her songwriting contract.
The judge sided with Dr. Luke (real name Lukasz Gottwalld), who recently requested to add another defamation lawsuit over an alleged text message sent by Kesha to Lady Gaga, reasoning, "Here, Kesha made no showing that it would have been futile to send an appropriate notice or that she was prevented from doing so" and thus "cannot maintain a breach of contract claim based on the implied covenant."
Despite citing reports that Sony would terminate its partnership with Dr. Luke in late March, and thus leave her professional endeavors in limbo, the "True Colors" songstress was also denied declaratory relief.
"It is speculative, not justiciable, whether Sony's contract is ending and whether it will be able to assist after this month," the judge responded. "Furthermore, KMI [Dr. Luke's company] may not choose to exercise its options for future albums after the third is released."
The judge added, "Finally, with respect to the Prescription Agreement, signed in November 2008, Gottwald's allegedly abusive behavior was foreseeable."
Kesha's attempt to use a California labor law that would have limited her contract with Dr. Luke to seven years was also rejected.
E! News has reached out to both Kesha and Dr. Luke's attorneys for comment.
The Hollywood Reporter was the first to report the legal development.