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Drake is continuing his fight in a defamation lawsuit against Universal Music Group (UMG) over Kendrick Lamar‘s track “Not Like Us.” He has filed an appeal to challenge the case’s dismissal last year.

On January 21, Drake’s legal team officially submitted an appeal to the United States Court of Appeals for the Second Circuit. The initial dismissal hinged on the judge’s view that the statements in “Not Like Us” were opinion-based.

However, Drake’s lawyers contend that Kendrick Lamar’s “certified pedophile” accusation made in the song was presented as a factual statement. They also argue that UMG’s marketing of the track misled the public and caused significant reputational damage to Drake.

The original lawsuit, filed in January of last year, accused UMG of defamation for distributing Kendrick Lamar’s diss track, which includes accusations labeling Drake as a child predator. Although Kendrick Lamar was not named as a defendant, the case was dismissed after nine months of legal proceedings before it could proceed to trial.

Presiding over the case, Judge Jeannette A. Vargas ruled that UMG could not be held liable.

“Drake has brought this action against UMG for defamation, harassment in the second degree, and violation of section 349 of the New York General Business Law,” Jeannette A. Vargas’s ruling read.

“Before the Court is Defendant’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Because the Court concludes that the allegedly defamatory statements in ‘Not Like Us’ are non-actionable opinion, the motion to dismiss is GRANTED.”

Despite the loss, Drake filed a notice of appeal in November. UMG has until March 27 to submit a response to Drake’s appeal.

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