While Dr. Luke’s defamation claims against Kesha are still pending trial next month, the singer achieved a significant win in her counterclaim on Tuesday. According to the New York Court of Appeals, in order to succeed in his ongoing defamation case against the singer Kesha, Dr. Luke, who identifies himself as a music celebrity, must demonstrate that Kesha acted with “actual malice.”

The decision reverses a previous ruling by a mid-level appeals court in 2021, which stated that Dr. Luke did not possess significant public recognition or status as a limited public figure within the context of the case. By being classified as a private figure, he would have been required to demonstrate only negligence on Kesha’s part, a lower threshold of proof.Furthermore, the court decided that Kesha, known legally as Kesha Rose Sebert, should have the opportunity to pursue counterclaims against Dr. Luke, taking into account New York’s revised anti-SLAPP law. This legislation serves to deter baseless lawsuits aimed at stifling freedom of speech.

In 2014, Kesha made allegations of sexual assault against her former producer, Dr. Luke, which resulted in him filing defamation countersuits against her. Subsequently, in 2020, a judge in the state of New York determined that Kesha’s statements regarding Dr. Luke were defamatory, based on the premise that he was not considered a public figure. Kesha filed an appeal, which resulted in a 2021 ruling by the appeals court. However, the state’s highest court has recently largely overturned that ruling. As a result, the case is now proceeding toward trial, with a tentative start date set for July.