Lukasz “Dr. Luke” Gottwald suffered a setback in his defamation lawsuit against Kesha, according to The Holywood Reporter. In April, the New York Court of Appeals upheld a prior ruling that the producer would be allowed to countersue Kesha for defamation. His claim originated from the pop singer’s allegations that he drugged and raped her, which he denies.

Today, in a new decision, New York Supreme Court Justice Jennifer Schecter determined that Dr. Luke’s defamation suit will be retroactively subject to expanded anti-SLAPP laws, which were passed in New York last year in an effort to tamp down on frivolous defamation suits deployed to suppress freedom of speech.

As THR notes, Dr. Luke will now have to provide convincing evidence that Kesha made her allegations with malice in order to win his claim. Kesha will also be granted the right to file a counterclaim for the first time since Dr. Luke filed his defamation suit, another provision granted by the anti-SLAPP legislation. The case is set to go to trial in forthcoming months; an exact date has yet to be determined.