Court Throws Out Drake's Legal Case Regarding Kendrick Lamar's Diss Track
A judge has thrown out Drake's legal claim targeting the music corporation over Kendrick Lamar’s song the diss record.
Judge Jeannette Vargas decided that the rapper’s song lyrics, which claimed Drake and his crew of being "certified paedophiles", were "protected opinion" and cannot be considered defamatory.
Drake filed the lawsuit in January, claiming Universal Music Group, the record label representing both artists, of defamation by permitting the track to be released and promoted, saying it spread a "untrue and harmful story".
The artist’s representative said he intended to appeal the decision. Universal Music Group said it was satisfied with the result and was looking forward to resuming its collaboration with the rapper.
Context of the Rap Battle
Not Like Us, which was initially released in May 2024, was broadly viewed as the final strike in an continuing feud between the competing artists.
It has emerged as the biggest hit of the rapper’s career, having won five Grammys and being one of the most-talked about moments of his Super Bowl half-time show in early 2025.
In a detailed ruling, Judge Vargas called the row between the artists "the most notorious hip-hop feud in the history of rap music".
"The artists' seven-track rap battle was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the court wrote.
"Although the claim that plaintiff is a pedophile is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and offensive accusations exchanged by both participants, would not incline the average audience to believe that 'Not Like Us' imparts truthful statements about plaintiff."
She also noted that, in an previous track, the artist had "dared Lamar to make the paedophilia accusations" that featured in the diss record.
On the track his own release, the rapper used the synthetic vocals of Tupac Shakur to give Lamar advice on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the track suggested.
"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be assessed," stated Judge Vargas.
"The parallel in the wording suggests strongly that this lyric is a clear reference to Drake's lyrics in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Drake Graham, did not name Lamar in the legal filing.
His legal team accused UMG of initiating "an effort to generate a viral hit" out of a track that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the audience should resort to extra-legal action in retaliation".
Ruling against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "replete with profanity, trash-talking, violent implications, and exaggerated statements."
She highlighted that the rapper himself had engaged in comparable rhetoric, referencing a line in which the artist "heavily" implied that "his opponent is a domestic abuser", and a separate instance where he "raps that he 'was told' that one of his rival’s children may not be biologically his."
Concerning Lamar's song, the court said: "Even apparent statements of fact may take on the nature of subjective views... when made in open discourse, intense arguments, or other circumstances in which an audience may anticipate the use of slurs, fiery rhetoric or exaggeration."
Reacting to the rejection, a label representative said: "From the outset, this lawsuit was an affront to every creative and their creative expression and never should have been filed."
"We're pleased with the court's dismissal and are eager to resuming our work successfully promoting Drake's music and supporting his artistic path," the representative added.
A representative for the musician said the artist intended to appeal the decision, "and we await the Court of Appeals examining it".
Kendrick Lamar has yet to comment on the case.