Drake appeals UMG defamation suit dismissal to Second Circuit
Drake filed a notice of appeal on October 29 challenging a federal judge’s October 9 dismissal of his defamation lawsuit against Universal Music Group, formally moving the dispute from Manhattan federal court to the U.S. Court of Appeals for the Second Circuit. The notice, submitted by the rapper’s legal team, seeks review of U.S. District Judge Jeannette A. Vargas’s decision to reject claims that the promotion of Kendrick Lamar’s diss track Not Like Us amounted to actionable defamation.
Drake sued Universal in January, accusing the label of publishing and amplifying lyrics that he says falsely portray him as having sexual relations with minors. He targeted the distributor rather than Lamar, alleging the company profited from and intentionally promoted the song despite knowing its content was false. The complaint also asserted violations of New York consumer protection law and alleged deceptive practices, including the use of bots and payola to inflate the song’s popularity.
Judge Vargas dismissed the defamation claims, finding the song’s lyrics are nonactionable opinion and protected by the First Amendment. In a 38 page opinion, the court emphasized that the track must be...