Second Circuit Sets December 4 Hearing in Drake’s ‘Not Like Us’ Appeal
The court will hear Drake’s challenge to the dismissal of his lawsuit accusing UMG of promoting defamatory claims in Kendrick Lamar’s diss track.
The U.S. Court of Appeals for the Second Circuit has scheduled oral arguments for December 4, 2026, in Drake’s appeal over Kendrick Lamar’s “Not Like Us.” The case, Graham v. UMG Recordings, Inc., is docketed as No. 25-2758. A scheduling notice entered September 18 set the date for lawyers representing Drake and UMG to appear before a three-judge panel.
Drake sued UMG in January 2025, arguing that the company unlawfully distributed and promoted a song containing defamatory accusations about him. U.S. District Judge Jeannette Vargas dismissed the case on October 9, 2025, ruling that the challenged lyrics were nonactionable opinion and that a reasonable listener would not understand them as objective, verifiable facts. Drake filed his appeal after that decision and submitted a 117-page opening brief in January 2026.
The appeal is not a trial over the accusations in the song. The Second Circuit will decide whether Drake’s complaint stated legally sufficient claims that should have survived the motion-to-dismiss stage. Drake’s appellate arguments say the district court treated rap-battle language too categorically and weighed context and evidence prematurely. UMG has defended the dismissal, arguing that “Not Like Us” is protected artistic expression and that Drake’s claims do not establish actionable defamation.
Drake’s complaint also targets UMG’s alleged role in promoting the track, including its distribution, marketing and performance-related exposure. That distinction matters because UMG is the label group connected to both Drake and Lamar. The appellate panel could affirm the dismissal, revive some or all of the claims, or send the case back for additional proceedings. The hearing itself will not produce an immediate final ruling.
The December argument gives the feud a new legal timetable after the underlying song became one of the defining rap records of 2024. It also presents a narrower issue than the public battle: whether a major music company can face civil liability for distributing and promoting a diss track whose language a trial judge viewed as opinion. Until the panel rules, the accusations in “Not Like Us” remain disputed statements from a song, not findings by a court.