Second Circuit Sets December Hearing in Drake’s UMG Appeal

The U.S. Court of Appeals for the Second Circuit has scheduled oral arguments for December 4, 2026, in Drake’s appeal of the dismissal of his lawsuit against Universal Music Group over the release and promotion of Kendrick Lamar’s song “Not Like Us.” A three-judge panel will hear from attorneys for Drake and UMG, then decide whether the case can proceed. The hearing itself will not resolve the appeal. Drake sued UMG in January 2025, alleging that the company defamed him by distributing and promoting the track, which contains accusations about him. Kendrick Lamar is not a defendant in the lawsuit; Drake’s claims target UMG’s actions involving the song. U.S. District Judge Jeannette Vargas dismissed Drake’s claims in October 2025. The court concluded that the challenged statements were nonactionable opinion when considered in the context of the song and the exchange of diss tracks. Drake appealed the ruling, and the Second Circuit’s scheduling notice, entered September 18, set the date for oral arguments. In his appeal, Drake argues that the district court applied an overbroad rule by treating rap diss tracks as categorically unable to contain actionable factual statements.