A New York court has reversed a lower court’s decision that said Kesha could have her legal fees pay by Dr Luke should his defamation claim against her fail.

The decision, which was issued by the court on Thursday (March 10), said that a new law introduced in 2020 to help clients pay court fees could not be applied retrospectively.

It means that even if Kesha should win her long-running case against Dr Luke, the musician cannot make Dr Luke pay her legal fees.

The court ruled that  “there is insufficient evidence supporting the conclusion that the legislature intended its 2020 amendments to the anti-strategic lawsuit against public participation (anti-SLAPP) law… to apply retroactively to pending claims such as the defamation claims asserted by plaintiffs in this action.”

In a statement to Rolling Stone, Kesha’s lawyers said: “Today’s opinion is manifestly erroneous and contrary to the conclusion reached by approximately 20 other courts. We will promptly seek Court of Appeals review.”

View this post on Instagram

A post shared by Kesha (@iiswhoiis)

In a cryptic Instagram post later on, Kesha added: “When you’re not allowed to say anything and there are no words anyways.”

The ruling marks the latest development in the pairs lengthy ongoing legal feud, which began when Kesha initially sued the producer, real name Lukasz Gottwald, in 2014 and claimed he had sexually assaulted and emotionally abused her.

Dr. Luke then countersued Kesha, claiming she had breached the recording contract they had with one another and made up rape allegations in an attempt to get out of 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 Gottwald had raped Katy Perry – a claim both Perry and Gottwald have denied.

Kesha was initially denied an appeal of a legal ruling that she defamed Dr. Luke, after the New York Court of Appeals ruled that the producer does not qualify as a “public figure”.

However a later ruling stated that the producer would have to prove that Kesha made her initial claims against him with malicious intent.

The case continues.

For help, advice or more information regarding sexual harassment, assault and rape in the UK, visit the Rape Crisis charity website. In the US, visit RAINN.