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1Fix the driver behind crashes, sound loss and screen glitches2Clear out junk files and repair common Windows errors3Scan for outdated or missing drivers - takes under a minuteDrake’s federal lawsuit against UMG over Kendrick Lamar’s “Not Like Us” was dismissed in October 2025. The judge found the song’s challenged statements nonactionable opinion in the context of a heated rap battle. Drake appealed; a September 2026 report says oral argument is scheduled for December 4, 2026, but the appeal has not yet been decided.
What Drake alleged in the lawsuit
Aubrey Drake Graham filed the 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 the insinuations were true or that UMG’s promotion practices were unlawful. Kendrick Lamar was not a defendant in this federal case.
Earlier allegations about the song’s metrics
The complaint also described earlier pre-litigation actions in New York and Texas concerning alleged artificial inflation of the recording’s metrics. Those allegations are distinct from the claims decided in the federal case. The court’s dismissal did not establish that streaming manipulation or payola occurred.
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Why the judge dismissed the case
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 allegedly defamatory statements in “Not Like Us” were nonactionable opinion.
In assessing the lyrics, the court considered their context: an acrimonious rap battle in which both participants used incendiary language and offensive accusations. Judge Vargas reasoned that a reasonable listener would not take the song as conveying verifiable facts about Drake. The ruling was a legal judgment about how the statements would be understood in context—not a finding that the allegations in the song were true.
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Judge Vargas also addressed the song’s cover image, which used a doctored, sex-offender-marker-style graphic over Drake’s home. As quoted by the Associated Press in its October 9, 2025 report on her opinion, she wrote: “No reasonable person would view the Image and believe that in fact law enforcement had designated thirteen residents in Drake’s home as sex offenders.”
Her conclusion about the lyrics was similarly based on context. The Associated Press quoted her written opinion: “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.”
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What happens next in Drake’s appeal
Drake appealed to the U.S. Court of Appeals for the Second Circuit, in case No. 25-2758. The accessible docket page lists Drake’s opening brief, UMG’s response, amicus activity and Drake’s reply filings. Its latest visible entries are dated April 20, 2026, and it does not show an appellate decision.
A report published by IndieCut on September 23, 2026 says oral argument is scheduled for December 4, 2026. That date is still in the future as of October 8, 2026. The reviewed docket page does not independently confirm the hearing date, so it should be treated as a reported schedule rather than a confirmed court-calendar entry. The appeal remains pending; no outcome can be stated yet.
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