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<b><i>Counsel Concerns</b></i><br>Dr. Luke's Suit Against Geragos Over Tweet Survives Dismissal Motion
Famed Los Angeles attorney Mark Geragos will have to face a defamation suit over his Twitter posts implying that record producer Dr. Luke raped Lady Gaga. Geragos, known for his public commentary on CNN and roster of celebrity clients, has represented singer Kesha Sebert in litigation against Dr. Luke, claiming he sexually assaulted her when she first moved to Los Angeles as a budding star. Dr. Luke, whose real name is Lukasz Gottwald, has fought back with defamation suits accusing Kesha, her mother, Geragos and his L.A. law firm Geragos & Geragos of engaging in a public smear campaign against him.
In April, a New York state court judge refused to dismiss the case against Geragos and his firm, concluding that Dr. Luke's defamation claims are “minimally adequate” and can proceed. See, Gottwald v. Geragos, 162075/14. “Here, plaintiff has pleaded allegations which, if true, may state a legally cognizable cause of action against defendants,” wrote New York Supreme Court trial-level Judge Robert Reed. He ordered both sides to move forward on discovery, “particularly as it relates to the substance of the various asserted defenses, including the various assertions of privilege.”
Geragos sought to dismiss the defamation case on various grounds, including that the statements were protected under absolute litigation privilege because they were relevant to pending lawsuits between the parties. His lawyer, Edward Kelly of Kelly, Rode & Kelly in Mineola, NY, argued that the statements on Twitter are constitutionally protected expressions of opinion under New York law and must be viewed through the prism and culture of social media.
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