Drake’s legal battle with Universal Music Group (UMG) over Kendrick Lamar’s “Not Like Us” is heading back to court, with the U.S. Court of Appeals for the Second Circuit scheduling oral arguments for December 4, 2026.
The hearing will see lawyers representing Drake and UMG appear before a three-judge appellate panel as Drake seeks to overturn the dismissal of his lawsuit against the music company.
Drake originally sued UMG in January 2025 over the release and promotion of Lamar’s Grammy-winning diss track. His lawsuit accused the label of defamation, harassment and deceptive business practices, arguing that UMG knowingly promoted what he described as false and damaging allegations about him.
Kendrick Lamar is not a defendant in the lawsuit. The case is instead directed at UMG, which releases music from both artists.
Judge Previously Dismissed the Lawsuit
In October 2025, U.S. District Judge Jeannette Vargas dismissed Drake’s lawsuit in its entirety. The judge concluded that the challenged statements in “Not Like Us” amounted to nonactionable opinion, particularly when considered within the context of a highly publicized rap battle.
The ruling stated that a reasonable listener would not necessarily interpret the song’s accusations as objective, verifiable facts.
Drake subsequently appealed the decision, arguing that the lower court had gone too far in treating statements made in a rap diss track as categorically protected opinion.
His legal team has argued that the ruling could create what they describe as an overly broad rule concerning defamatory statements made through rap music.
UMG Defends the Original Ruling
UMG has maintained that the lower court was correct to dismiss the case. The company argues that “Not Like Us” should be understood within the context of battle rap, where exaggeration, insults and provocative claims are part of the artistic expression.
Several outside legal scholars and organizations have also filed briefs supporting UMG as the appeal has progressed, highlighting broader questions surrounding free speech, artistic expression and the interpretation of rap lyrics.
The December 4 hearing will not be a retrial of the original lawsuit. Instead, the three-judge panel will consider whether Judge Vargas was correct to dismiss Drake’s claims.
The appeals court could uphold the dismissal, reverse the ruling and revive the lawsuit, or send some issues back to the lower court for further proceedings. A decision is not expected immediately after the hearing.
For now, the December hearing marks the next major step in a legal dispute that began with one of the biggest rap battles in recent years and has since moved beyond music into questions surrounding defamation, artistic expression and the responsibilities of major record labels.
