A federal judge dismissed Drake’s lawsuit against UMG Recordings over Kendrick Lamar’s “Not Like Us,” ruling that a reasonable listener would understand the disputed lyrics as opinion in the context of the rap battle—not as objective, verifiable facts about Drake. The case was against UMG, the record company, not Lamar.
Who sued whom, and what did Drake claim?
Aubrey Drake Graham, professionally known as Drake, sued UMG Recordings, Inc. in the U.S. District Court for the Southern District of New York. His complaint asserted three claims: defamation, harassment in the second degree, and a claim under New York General Business Law § 349, the state’s consumer-protection statute.
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Kendrick Lamar was the artist whose recording was at issue, but he was not a defendant in this action. The complaint’s assertions about UMG’s knowledge, motives, promotion of the song, and the meaning of its lyrics were Drake’s allegations—not findings by the court.
Why did the judge dismiss the case?
Judge Jeannette A. Vargas granted UMG’s motion to dismiss. The central issue was whether a reasonable listener would take the challenged statements in “Not Like Us” as communicating facts about Drake that could be proven true or false. The judge concluded they would not: “a reasonable listener could not have concluded that ‘Not Like Us’ was conveying objective facts about Drake.”
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The court considered the song in the context of an adversarial rap battle. The Associated Press described the broader exchange as a heated battle in which both participants used incendiary language and offensive accusations. The ruling was about how the challenged recording would be understood in that context, not a categorical exemption for rap lyrics, diss tracks, or artistic expression from defamation law.
How did the court distinguish fact from opinion?
The opinion described three considerations in assessing whether language conveys fact or opinion:
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- Meaning: Does the language have a precise meaning that listeners would readily understand?
- Verifiability: Could the statement be proven true or false?
- Context: Does the full communication and its broader social setting signal opinion rather than a factual report?
The court’s conclusion rested on the challenged lyrics as heard within the battle’s full context. It did not treat the words as detached statements or decide that every accusation in a song is necessarily opinion.
What does dismissal at this stage establish?
UMG sought dismissal under Rule 12(b)(6). The opinion explains that, at this stage, a court accepts well-pleaded allegations as true and draws reasonable inferences in favor of the nonmoving party. Granting the motion resolved the pleaded claims as a matter of law; it did not establish the truth of Drake’s allegations or determine that UMG acted with any alleged intent.
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What is known about an appeal?
After the dismissal, Drake’s legal team told the Associated Press it intended to appeal. Search results also surfaced an appellate filing dated January 2026, but the available official Second Circuit docket information page directs users to CM/ECF or PACER for case-specific entries and does not establish the appeal’s final disposition. The materials available here therefore do not confirm whether the appeal is pending, decided, or otherwise resolved.
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