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Drake to appeal dismissal of his defamation case against UMG

2:26
Drake’s defamation lawsuit against label dismissed
Prince Williams/WireImage/Getty Images
ByAaron Katersky and Angeline Jane Bernabe
October 29, 2025, 4:23 PM

Attorneys for Drake sent word Wednesday that the rapper intends to appeal a decision dismissing his lawsuit against Universal Music Group.

Earlier this month, a federal judge in New York dismissed the rapper's defamation case against UMG, which stemmed from a rap battle with Kendrick Lamar. 

At the time, Judge Jeannette Vargas determined the statements at issue in the case were "nonactionable opinion" and dismissed the lawsuit. 

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Drake alleged in the lawsuit that the record label intentionally published and promoted Kendrick Lamar's "Not Like Us" knowing it contained false and defamatory insinuations about the rapper having sexual relations with minors. 

Vargas decided that the diss track was opinion that, in the broader context of a heated rap battle, "would not incline the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about Plaintiff."

The judge wrote that the case "arises from perhaps the most infamous rap battle in the genre's history," the vitriolic war of words between Drake and Lamar in 2024. 

Drake performs onstage during "Lil Baby & Friends Birthday Celebration Concert" at State Farm Arena, Dec. 9, 2022, in Atlanta.
Prince Williams/WireImage/Getty Images

"'Not Like Us' is replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language, all of which are indicia of opinion," Vargas wrote at the time.  "A rap diss track would not create more of an expectation in the average listener that the lyrics state sober facts instead of opinion than the statements at issue in those cases."

At the time of the song's release in May 2024, Lamar and Drake had already released eight other diss tracks over the course of six weeks with heated rhetoric, loaded accusations and violent imagery. 

Drake subsequently released the track "The Heart Part 6" in response to "Not Like Us" and Lamar's song "Meet the Grahams," which had been released one day prior to "Not Like Us."

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"Not Like Us" went on to win five Grammys, including song of the year, record of the year, best rap song, best rap performance and best music video at the 2025 Grammy Awards. He also performed the song during the 2025 Super Bowl halftime show.

In January this year, Drake filed his defamation lawsuit against UMG, with his lawyers saying in a statement at the time that the lawsuit was "not brought against Kendrick Lamar." 

"This lawsuit reveals the human and business consequences to UMG's elevation of profits over the safety and well-being of its artists," the statement read in part.

UMG responded to the lawsuit in January, saying Drake had "intentionally and successfully used UMG to distribute his music and poetry to engage in conventionally outrageous, back-and-forth rap battles to express his feelings about other artists. He now seeks to weaponize the legal process to silence an artist's creative expression."

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Following the lawsuit's dismissal on Oct. 9, UMG released a statement, saying, "From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day. We're pleased with the court's dismissal and look forward to continuing our work successfully promoting Drake’s music and investing in his career."

A spokesperson for Drake said at the time that his team planned to appeal the judge's decision.

ABC News has reached out to representatives for Drake and UMG for comment on the rapper's notice of appeal.

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