Drake appeals dismissal of “Not Like Us” defamation lawsuit

The Canadian rapper argues that the lower court established an “unprecedented” rule stating that rap diss tracks can never be subject to legal action.

Drizzy's attorneys say the “dangerous” ruling ignored the reality that the song caused millions of people to really think Drake was a pedophile.

Drake is persisting with his defamation lawsuit against Universal Music Group regarding “Not Like Us” and has filed an appeal following the case's dismissal last year.

On Wednesday (Jan 21), Drake's legal team submitted a formal appeals motion to the United States Court of Appeals for the Second Circuit. Although the judge described "Not Like Us" as expressing an opinion, Drake's legal team's appeal contends that Kendrick's "certified pedophile" allegations in the song were presented as a “unambiguous matter of fact.” They also claim that UMG deceived consumers through its marketing of the song, resulting in significant harm to Drake.

Last January, Drake filed a defamation lawsuit against UMG for releasing Kendrick Lamar's diss track, "Not Like Us," which labels Drizzy a child predator. The lawsuit was dismissed in October. Kendrick Lamar was not named as a defendant in the suit. After nine months of legal proceedings, the judge dismissed the case before it went to trial.

"Drake has filed a lawsuit against UMG for defamation, second-degree harassment, and violating section 349 of the New York General Business Law," stated Jeannette A. Vargas's ruling. "Currently before the Court is the Defendant’s motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court finds that the statements in 'Not Like Us' claimed to be defamatory are non-actionable opinions, and therefore, the motion to dismiss is GRANTED."

Following the ruling, Drake submitted an appeal notice last November. UMG has a deadline of March 27 to submit a response brief.