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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsYes. On March 27, 2025, a federal judge granted summary judgment to Dua Lipa and the other defendants in the Larball Publishing Company and Sandy Linzer Productions lawsuit over “Levitating,” dismissed the claims and closed the case. The ruling did not resolve every separate legal dispute associated with the song.
What the judge decided
U.S. District Judge Katherine Polk Failla ruled that the plaintiffs’ evidence did not create a triable dispute over whether “Levitating” and its derivative works were substantially similar to protectable elements of their songs, “Wiggle and Giggle All Night” and “Don Diablo.” The plaintiffs had asserted copyright infringement, as well as related claims for declaratory relief and an accounting. The court granted summary judgment to the defendants on the claims.
Judge Failla wrote: “Put simply, even crediting the opinions of Plaintiffs’ experts, they — and the remainder of the record before the Court — fail to generate a triable dispute concerning a substantial similarity between Defendants’ works and the protectable elements of Plaintiffs’ works.” (March 27, 2025 opinion.)
The court considered musicological expert analysis, including comparisons of musical elements. Such analysis could help a factfinder understand the music, but an expert could not decide the ultimate legal question of substantial similarity. The court concluded that the analyses and the rest of the record still did not establish an issue for trial.
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Why the 2023 decision did not conflict with the 2025 result
The same court had allowed the “Wiggle and Giggle All Night”-related claims to proceed past an earlier stage. On August 8, 2023, Judge Failla denied the defendants’ motion to dismiss those claims. She found the plaintiffs had not adequately alleged access to their song, but allowed a theory of “striking similarity” to proceed to discovery. That decision assessed whether the complaint could move forward; it did not find that infringement had occurred.
At summary judgment in 2025, the court assessed the developed record rather than the complaint’s allegations. It described striking similarity as a stringent, case-specific standard that requires more than substantial similarity. The 2025 ruling was not a finding that every alleged musical overlap was irrelevant, or a general declaration that the songs sound nothing alike. It was a decision that the evidence in this case did not meet the legal threshold for a trial on infringement. (2023 opinion; 2025 opinion.)
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How the case unfolded
| Date | Event |
|---|---|
| 1979 | “Wiggle and Giggle All Night” was released. The 2023 opinion identifies Sandy Linzer and L. Russell Brown as its co-authors. |
| 1980 | Miguel Bosé recorded “Don Diablo.” |
| 2020 | Dua Lipa released “Levitating.” |
| August 8, 2023 | The court denied the motion to dismiss the “Wiggle and Giggle All Night”-related claims, allowing the striking-similarity theory to proceed to discovery. |
| March 27, 2025 | The court granted summary judgment to the defendants, dismissed the claims and closed the Larball/Linzer case. |
The song dates and procedural milestones are set out in the court’s 2023 and 2025 opinions.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Which “Levitating” lawsuit did this ruling end?
This was the case brought by Larball Publishing Company and Sandy Linzer Productions, concerning their claimed copyrights in “Wiggle and Giggle All Night” and “Don Diablo.” The March 27 order closed that case. It should not be read as resolving every lawsuit connected with “Levitating”: the opinions cited here do not establish the current status of other proceedings involving the song.
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