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Why Drake’s Lawsuit Against UMG Over “Not Like Us” Was Dismissed—and What Happens Next

Drake’s federal lawsuit accused UMG of defamation and other claims over “Not Like Us.” A judge dismissed it in 2025, and Drake’s appeal is pending.
From TheFinanceBase Team3 min to read
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Drake sued Universal Music Group (UMG), not Kendrick Lamar, over UMG’s release and promotion of Kendrick Lamar’s song “Not Like Us.” A federal judge dismissed Drake’s case on October 9, 2025, finding that the song’s challenged statements were nonactionable opinion in the context of a rap battle. Drake appealed; as of October 8, 2026, the appeal had no decision listed on the docket page reviewed here. A September 2026 report says oral argument is scheduled for December 4, 2026, but that date is still in the future and was not independently confirmed on the court’s live calendar.

What Drake alleged against UMG

Aubrey Drake Graham filed his federal complaint against UMG Recordings, Inc. in the U.S. District Court for the Southern District of New York on January 15, 2025. He alleged that UMG knowingly published and promoted “Not Like Us,” whose lyrics and accompanying material, he argued, falsely insinuated that he had sexual relations with minors.

The complaint pleaded defamation, second-degree harassment, and a claim under New York General Business Law § 349, the state’s consumer-protection law. Those were Drake’s allegations, not findings that UMG’s conduct or the song’s insinuations were true. Kendrick Lamar was not named as a defendant in this federal lawsuit.

The complaint also recounted earlier pre-litigation actions in New York and Texas involving allegations that the song’s metrics had been artificially inflated. Those allegations were distinct from the claims decided in the federal case; the dismissal did not establish that streaming manipulation or payola occurred.

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Why the judge dismissed the lawsuit

On October 9, 2025, U.S. District Judge Jeannette A. Vargas granted UMG’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). She concluded that the challenged statements in the song were nonactionable opinion when considered in context.

The court viewed the lyrics against the setting of a heated rap battle, in which both participants exchanged incendiary accusations. In the judge’s view, a reasonable listener would not take “Not Like Us” as communicating verifiable facts about Drake. The court also considered the song’s cover image, which used a doctored, sex-offender-marker-style depiction of Drake’s home. It reasoned that a reasonable person would not believe law enforcement had designated thirteen people living there as sex offenders.

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“Although the accusation that Plaintiff is a pedophile is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that ‘Not Like Us’ imparts verifiable facts about Plaintiff.”

Judge Jeannette A. Vargas, quoted in the Associated Press account of the October 9, 2025 opinion

The ruling was a legal conclusion about whether the challenged material could support the claims as pleaded, not a finding that the allegations in the song were true. The court’s reasoning turned on how a reasonable listener would understand the song and image in their context.

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Did Drake sue Kendrick Lamar?

No. The federal defendant was UMG Recordings, Inc. Drake’s complaint accused the label of knowingly publishing and promoting the song; it did not name Kendrick Lamar as a defendant. The case therefore concerned Drake’s claims against the label, rather than a lawsuit against Lamar.

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What happens next in Drake’s UMG appeal?

Drake appealed the dismissal to the U.S. Court of Appeals for the Second Circuit, case No. 25-2758. The docket page reviewed lists Drake’s opening brief, UMG’s response, amicus activity, and Drake’s reply filings, with its latest visible entries dated April 20, 2026. That page does not show an appellate decision.

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An IndieCut report published September 23, 2026, says oral argument is scheduled for December 4, 2026. Because the date is in the future as of October 8, 2026, argument has not yet occurred. The reported date should be treated as a report, not as independently confirmed by the court’s live calendar. The appeal remains unresolved on the docket page reviewed here.

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