Drake has refused to drop his defamation lawsuit against Universal Music Group over “Not Like Us” and appealed after the case was dismissed last year.
On Wednesday (January 21), Drake’s legal team filed a formal appeal motion with the U.S. Court of Appeals for the Second Circuit. While the judge cited “Not Like Us” in the opinion, Drake’s legal team argued in the appeal that Kendrick’s “certified pedophile” claim to the song was presented as “unambiguous fact.” They also claim Universal Music Group misled consumers in its marketing of the song, causing serious harm to Drake.
Drake originally sued UMG for defamation last January for its distribution of Kendrick Lamar’s diss song “Not Like Us,” which referred to Drizzy as a child predator. The case was dismissed last October. Kendrick Lamar is not named as a defendant in the lawsuit. However, after nine months of litigation, a judge dismissed the case before it went to trial.
“Drake brings suit against UMG for defamation, second-degree harassment, and violation of Section 349 of the New York General Business Law,” the decision by Jeannette A. Vargas reads. “Defendants filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6). The motion to dismiss was granted because the court concluded that the allegedly defamatory statements in “Not Like Us” were unactionable.”
Following the ruling, Drake filed a notice of appeal last November. UMG has until March 27 to submit a response brief.
XXL has reached out to Drake’s team and UMG for comment.
