Mark Geragos Can Assert Counterclaim in Dr. Luke Defamation Fight, Judge Rules – The Hollywood Reporter

Mark Geragos can assert a counterclaim in opposition to Lukasz “Dr. Luke” Gottwald in a defamation combat stemming from his tweets due to a New York legislation enacted final 12 months, a decide dominated on Thursday.

It’s a spin-off combat that adopted the heated litigation between Gottwald and Kesha Sebert. She sued him alleging sexual assault and he sued for defamation and breach of contract. (That matter is predicted to go to trial later this 12 months.)

Gottwald in December 2014 individually sued Geragos, who was representing Kesha, over tweets associated to Woman Gaga. Geragos tweeted a hyperlink to an article a few Howard Stern interview of Woman Gaga through which she mentioned being sexually assaulted. “Guess who the rapists [sic] was?” Geragos requested his Twitter followers. Somebody within the feedback wrote “Lukasz” and Geragos responded with “#bingo.”

For the reason that complaints have been filed, New York broadened its anti-SLAPP protections in an effort to discourage frivolous lawsuits arising from the train of free speech. First, Kesha seized on the chance and a decide discovered Gottwald should show precise malice (information of falsity or reckless disregard for the reality) with the intention to prevail on his defamation declare — though the court docket had beforehand discovered he’s a personal determine. Beneath the brand new legislation, that doesn’t matter if the subject of dialogue is a matter of public curiosity.

Now, it’s Geragos flip. Decide Shawn Kelly on Thursday granted Geragos’ request to amend his reply to the grievance and assert a declare for legal professional’s charges beneath the brand new anti-SLAPP statute. A supply accustomed to the matter says Gottwald might be on the hook for “tens of millions of {dollars} in authorized charges” if Geragos prevails on the SLAPP movement.

Gottwald opposed the movement arguing the allegedly defamatory statements at subject don’t concern a matter of public curiosity and an anti-SLAPP movement would fail as a result of his swimsuit isn’t frivolous.

Kelly didn’t agree. “[T]he alleged defamatory statements relate to posts on Twitter and a subsequent remark to TMC,” writes Kelly within the order, which is embedded under. “These boards are inarguably public and additional, Plaintiff is a well-known ‘Grammy-nominated songwriter and document producer’ who operates ‘his personal document label and publishing firm.’”

Kelly additionally famous it’s not but clear whether or not Gottwald will in the end prevail on the deserves of his declare, Geragos isn’t required to show his counterclaim will prevail at this stage, and the counterclaim is “not patently with out benefit, neither is it futile.”