What Is the Drake Lawsuit?
The Drake lawsuit is a defamation case, Graham v. UMG Recordings, Inc., that rapper Aubrey Drake Graham filed against his record label over Kendrick Lamar's song "Not Like Us," not a class action or multidistrict litigation. The case, No. 1:25-cv-00399, was filed on January 15, 2025 in the U.S. District Court for the Southern District of New York.
Drake sued only UMG Recordings, Inc., the label that holds recording contracts with both artists, and did not sue Lamar. Drake alleges that UMG knowingly promoted lyrics that falsely accuse him of pedophilia, an accusation he denies. A federal judge dismissed the case in October 2025, and Drake's appeal is now pending before the Second Circuit.
People also use "Drake lawsuit" for other legal matters connected to the rapper, including a proposed class action over the gambling platform Stake.us and two 2024 pre-suit petitions. Those matters are legally separate from this case, and the comparison section below explains how each one differs.
“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. Before the Court is Defendant's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.”
Source: U.S. District Court, Southern District of New York, Graham v. UMG Recordings, Inc., No. 25-CV-0399 (JAV), Opinion and Order, ECF No. 96 (October 9, 2025)
Why Was the Drake Lawsuit Filed?
The Drake lawsuit was filed because Drake alleges that UMG knowingly published and promoted a song that falsely accuses him of pedophilia. His complaint says UMG did this to profit from damaging his reputation, even though it knew the accusation was untrue.
The complaint opens with a May 7, 2024 shooting outside Drake's Toronto home, in which a security guard was wounded. It argues that UMG's promotion of the song placed Drake at risk of harassment and violence. No court has made any finding on that link.
The song's reach is central to the claimed harm. According to the amended complaint as described by the court, "Not Like Us" was streamed more than 1.4 billion times on Spotify as of April 2025, won Record of the Year at the February 2025 Grammy Awards, and was performed at the Super Bowl LIX halftime show.
What Harms Does the Drake Lawsuit Allege?
The harms the Drake lawsuit alleges fall into three legal claims: defamation, harassment in the second degree, and a deceptive-practices claim under New York General Business Law section 349. Each is defined below in plain language, followed by what Drake pleaded and how the court ruled on that specific claim. Drake denies the accusation at the center of the case.
Defamation
Defamation is a legal claim that someone published a false statement of fact that harmed another person's reputation.
Drake pleaded that "Not Like Us," together with its cover art and music video, states as a matter of fact that he is a pedophile, and that UMG published and promoted that statement while knowing it was false.
Judge Vargas held that a reasonable listener would hear the song as opinion, not fact, because it was released during a heated rap battle in which both artists traded insults. She ruled the cover art and video were opinion for the same reason. The court also read the song's opening accusation as a response to a challenge Drake made in his own earlier track, "Taylor Made Freestyle."
Harassment in the Second Degree
In New York, harassment in the second degree is a criminal offense covering a course of conduct intended to alarm or seriously annoy another person for no legitimate purpose.
Drake pleaded that the song, video, and cover art together amounted to a call to target him, including through violence, and that this conduct placed him in reasonable fear of physical harm.
The court dismissed this claim on a legal technicality unrelated to the song's meaning. New York does not recognize a civil lawsuit for harassment, and the state's criminal harassment statute does not give private individuals a right to sue under it.
Deceptive Business Practices Under General Business Law Section 349
Section 349 of the New York General Business Law is a consumer-protection statute that prohibits deceptive acts or practices in the conduct of any business, trade, or commerce.
Drake pleaded, largely on information and belief, that UMG secretly paid third parties such as a podcast, influencers, and a radio promoter, and used bots to inflate the song's streaming numbers and popularity.
The court found that the claim rested mainly on social media posts and fan reports, which were not enough to make the allegations plausible. It also found that Drake had not shown how the alleged practices harmed consumers, which this statute requires.
What Is the Current Status of the Drake Lawsuit?
The current status of the Drake lawsuit is an appeal pending before the Second Circuit, after a federal judge dismissed all of Drake's claims. Oral argument is set for December 4, 2026. No settlement has been announced and no trial has taken place.
Graham v. UMG Recordings, Inc. (District Court)
Judge Jeannette A. Vargas granted UMG's motion to dismiss on October 9, 2025 and directed the clerk to close the case. She held that the song's lyrics are nonactionable opinion, then dismissed the harassment and General Business Law claims on separate grounds.
| Court | U.S. District Court, Southern District of New York |
| Case Number | 1:25-cv-00399-JAV |
| Judge | Jeannette A. Vargas |
| Plaintiff | Aubrey Drake Graham (Drake) |
| Defendant | UMG Recordings, Inc. |
| Filed | January 15, 2025 |
| Argument on Motion to Dismiss | June 30, 2025 |
| Dismissed | October 9, 2025 (ECF No. 96) |
Drake filed an amended complaint in April 2025 that added theories tied to the song's Grammy Awards win and its Super Bowl performance, according to Variety's reporting. UMG moved to dismiss the amended complaint, and the October 2025 order ruled on that motion.
Graham v. UMG Recordings, Inc. (Appeal)
Drake filed a notice of appeal on November 12, 2025, and the Second Circuit docketed the appeal as No. 25-2758. His brief argues that the district court created a categorical rule that rap diss tracks can never be actionable. UMG answers that lyrics must be judged in the context of the rap battle in which they were released.
| Court | U.S. Court of Appeals for the Second Circuit |
| Case Number | 25-2758 |
| Appellant | Aubrey Drake Graham (Drake) |
| Appellee | UMG Recordings, Inc. |
| Notice of Appeal | November 12, 2025 |
| Drake's Opening Brief | January 21, 2026 |
| UMG's Response Brief | Late March 2026 |
| Drake's Reply Brief | April 17, 2026 |
| Oral Argument | December 4, 2026, before a three-judge panel |
Two amicus briefs supporting UMG were filed in April 2026, one from Yale Law School's Floyd Abrams Institute for Freedom of Expression and one from a group of legal scholars and social scientists. Drake also asked the Second Circuit to certify a question of New York law to the New York Court of Appeals; this page has not confirmed how the court has handled that request.
Can Drake Win His Lawsuit?
Yes, Drake can still win his lawsuit only if the Second Circuit reverses the dismissal and the case then succeeds on the merits, which is uncertain and depends on how the appeals panel rules.
Drake has not won or settled anything so far, and no settlement exists. His January 2025 complaint asked for nominal, compensatory, and punitive damages plus attorneys' fees and a declaration, but it did not state a dollar amount and left compensatory damages to be determined at trial.
Coverage of the appeal describes three possible outcomes: the panel could affirm the dismissal, revive all or part of the case, or send specific issues back to the district court. A ruling is expected only after the December 4, 2026 argument, and no decision date has been announced.
Drake Lawsuit Updates
The latest Drake lawsuit updates center on the pending Second Circuit appeal, which follows the October 2025 dismissal of Drake's defamation case against UMG. No settlement has been announced, and the timeline below lists every confirmed filing and ruling in order.
Full Drake Lawsuit Timeline
Second Circuit Sets December 4 Oral Argument
A scheduling notice entered on the Second Circuit's docket in Graham v. UMG Recordings, Inc., No. 25-2758, set oral argument for December 4, 2026 before a three-judge panel, according to Music Business Worldwide.
Drake Files Reply Brief in the Second Circuit
Drake's lawyers filed their reply brief in appeal No. 25-2758, arguing that Judge Vargas relied on materials outside the complaint and drew inferences against Drake. UMG had filed its response brief in late March 2026, and two amicus briefs supporting UMG were filed earlier in April.
Drake Files Opening Appellate Brief
Drake filed his opening brief in the Second Circuit, three months after the dismissal, arguing that the district court's ruling created a categorical rule that statements in rap diss tracks can never be statements of fact. His team also filed a separate motion that day asking the court to certify a New York law question to the New York Court of Appeals.
Drake Appeals the Dismissal
Drake filed a notice of appeal in the U.S. Court of Appeals for the Second Circuit, challenging Judge Vargas's October 9, 2025 order dismissing his lawsuit against UMG Recordings, Inc.
Judge Vargas Dismisses Drake's Lawsuit Against UMG
Judge Jeannette A. Vargas of the Southern District of New York granted UMG's motion to dismiss in No. 25-cv-00399, holding that "Not Like Us" is nonactionable opinion in the context of a rap battle, and she closed the case.
Drake Seeks Alternative Service on a Witness
Drake's lawyers filed a motion in the Southern District of New York asking to serve a subpoena by mail and email on a witness they said had knowledge of alleged covert promotion tactics, after 11 failed attempts at personal service costing about $75,000. Judge Vargas later granted the motion.
Court Hears Argument on UMG's Motion to Dismiss
Judge Vargas heard oral argument from both sides on UMG's motion to dismiss the amended complaint and on UMG's request that the court take judicial notice of the lyrics of the songs exchanged in the rap battle.
Drake Amends His Complaint
Drake filed an amended complaint in the Southern District of New York that added allegations about the song's Grammy Awards win and its Super Bowl halftime performance. UMG moved to dismiss the amended complaint soon afterward, and discovery continued in the meantime.
Texas Petition Against UMG and iHeartMedia Is Dropped
UMG's court filing in the Southern District of New York said that the Texas petition Drake filed in November 2024 against UMG and iHeartMedia was dropped in April 2025, a point UMG cited as part of what it called a pattern of legal actions by Drake's team.
UMG Moves to Dismiss and Court Declines to Delay Discovery
UMG moved to dismiss the original complaint and asked the court to delay discovery. Judge Vargas sided with Drake on discovery, according to Billboard, after his lawyers argued that a delay would prejudice him.
Lamar Performs "Not Like Us" at the Super Bowl Halftime Show
Kendrick Lamar performed "Not Like Us" during the Apple Music Super Bowl LIX Halftime Show, which Drake's amended complaint later cited as part of UMG's alleged promotion of the song. UMG's motion to dismiss noted that Drake conceded the performance did not include the lyric calling him a "certified pedophile."
Drake Files Defamation Lawsuit Against UMG
Drake filed an 81-page complaint against UMG Recordings, Inc. in the Southern District of New York, pleading defamation, harassment in the second degree, and a General Business Law section 349 violation, and demanding a jury trial. UMG denied the claims in a public statement.
Drake Withdraws His New York Pre-Action Petition
Drake voluntarily withdrew the New York petition he filed in November 2024 against UMG and Spotify, without costs to any party. Spotify had opposed the petition in December 2024, calling the claims false and speculative.
Drake Files a Texas Petition Against UMG and iHeartMedia
One day after his New York filing, Drake filed a petition in Texas court seeking pre-suit discovery from UMG and iHeartMedia over alleged defamation and pay-for-play radio promotion of "Not Like Us." UMG denied wrongdoing.
Drake Files a New York Pre-Action Petition Against UMG and Spotify
Drake's first legal action over "Not Like Us" was a pre-action petition in New York court alleging that UMG used bots, payola, and other methods to inflate the song's streams. UMG called the accusations untrue and contrived.
Kendrick Lamar Releases "Not Like Us"
Kendrick Lamar released "Not Like Us" on May 4, 2024, the penultimate song of a 16-day exchange of eight diss tracks with Drake. The song later became the basis for Drake's lawsuit against UMG.
What Does UMG Say About the Drake Lawsuit?
UMG denies every claim in the Drake lawsuit and says it distributed an artist's creative work rather than defaming anyone. In a public statement, UMG said it has not engaged in defamation against any individual and that Drake used the label to take part in rap battles.
UMG's court filings argue that Drake provoked the rap battle and then sued his own label after losing it. UMG also denies that it used bots, payola, or covert payments to boost the song, calling those theories speculation.
The case has an unusual structure because UMG works with both artists. Drake and Lamar both hold recording contracts with UMG, and Drake chose to sue the label rather than Lamar.
| Party | Role | Position |
|---|---|---|
| Aubrey Drake Graham (Drake) | Plaintiff and appellant | Alleges UMG knowingly promoted a false accusation |
| UMG Recordings, Inc. | Defendant and appellee | Denies the claims and argues the song is protected opinion |
| Kendrick Lamar | Not a party | Wrote and performed "Not Like Us"; not sued by Drake |
How Does the Drake Lawsuit Compare to Related Cases?
The Drake lawsuit compares to related cases as one of several separate proceedings, and each has its own court, parties, and status. Mixing them up attaches one case's facts to another.
The Stake.us case is a proposed class action in the Eastern District of Virginia in which Stake users sued the platform and Drake personally, alleging he misleadingly promoted Stake and used its payment tools to fund artificial streams. Judge Leonie Brinkema ordered the Stake claims into individual arbitration on July 30, 2026 and paused the case, and Drake has declined to comment.
A separate class action in California, led by rapper RBX against Spotify, alleged Spotify failed to stop fraudulent streams of Drake's music; Drake was not a defendant, and Judge Josephine Staton dismissed it without prejudice on June 22, 2026. Drake's two 2024 pre-suit petitions are covered in the timeline above.
| Case | Court | Drake's Role | Reported Status |
|---|---|---|---|
| Graham v. UMG Recordings, Inc. (this page) | S.D.N.Y.; Second Circuit on appeal | Plaintiff | Dismissed Oct. 9, 2025; appeal argument set for Dec. 4, 2026 |
| Stake.us proposed class action | E.D. Virginia | Defendant | Stake claims sent to arbitration and case stayed, July 30, 2026 |
| RBX v. Spotify, No. 2:25-cv-10525 | C.D. California | Not a party | Dismissed without prejudice, June 22, 2026 |
| New York pre-action petition | New York court | Petitioner | Withdrawn January 14, 2025 |
| Texas pre-suit petition | Texas court | Petitioner | Dropped, April 2025, per UMG's filing |
Frequently Asked Questions
What is the Drake lawsuit about?
The Drake lawsuit is a defamation case in which Drake sued his record label, UMG Recordings, Inc., claiming it knowingly promoted Kendrick Lamar's song "Not Like Us," which accuses him of pedophilia. Drake denies the accusation, and UMG denies the claims.
Is the Drake lawsuit a class action?
No, the Drake lawsuit is not a class action. It is a single-plaintiff case in federal court in New York, so there is no class of claimants to join; the Stake.us class action that names Drake as a defendant is a separate case.
Did Drake win or settle his lawsuit against UMG?
Drake did not win or settle his lawsuit against UMG. The district court dismissed it on October 9, 2025, no settlement has been announced, and his appeal is pending in the Second Circuit.
Why was the Drake lawsuit dismissed?
The Drake lawsuit was dismissed because Judge Vargas ruled that the song is nonactionable opinion in the context of a heated rap battle. She dismissed the harassment claim because New York has no civil harassment lawsuit, and the business-practices claim because it was not plausibly pleaded.
When will the Second Circuit decide Drake's appeal?
The Second Circuit will hear oral argument in Drake's appeal on December 4, 2026, and no decision date has been announced. A ruling is expected only after that argument.
Is the Stake lawsuit the same as the Drake lawsuit against UMG?
No, the Stake lawsuit is a different case from the Drake lawsuit against UMG. In the Stake case, filed in Virginia, Drake is a defendant, and the Stake claims were sent to arbitration on July 30, 2026.