Judge rules on defamation lawsuit
At a preliminary conference this morning in New York, Judge Gzhannett Vargas ruled that the process of detecting in a lawsuit about Drake’s defamation over Kendrick Lamar’s Not Like We may proceed.
Universal Music Group (UMG) requested the judge of the US Federal Court to conduct discovery in the trial on March 18, the day after the company filed a petition to dismiss the case.
As reported last week, Drake’s legal team refused to suspend the process of collecting evidence.
Following the decision made at the preliminary conference this morning, the discovery process for both parties can now progress.
The UMG petition for dismissal remains under consideration, with a hearing date scheduled for June 30.
Legal arguments and implications
In a letter to Judge Janett A. Vargas, submitted last Wednesday (March 20) and obtained by MBW, Drake‘s advocate Michael J. Gotlib argued that the UMG request for a stay should be denied.
“UMG could not satisfy its burden,” Gotlib claimed in a four-page letter, asserting that the UMG petition for a stay “fails in all three factors” typically evaluated for such requests.
Gotlib referenced a statement from the court itself, noting that “it is not the practice of this court to routinely stay discovery in anticipation of the outcome of a motion to dismiss,” emphasizing that such delays are exceptions rather than the standard.
The letter arrived just a day after UMG sought clarity on the status of discovery, with UMG lawyer Rollin A. Rations affirming that “courts in this district have emphasized that defendants in defamation cases must be protected from unnecessary discovery to safeguard their First Amendment rights.”
Drake‘s lawsuit against UMG, filed in January, alleges that the company propagated a “false and malicious narrative” about him through the content of lyrics, artwork, and a music video for Not Like We.
Today’s decision regarding discovery marks the latest development in a significant legal battle stemming from one of the biggest hits of 2024 and ongoing rap feuds.
Not Like We was released in May 2024 as part of a series of diss tracks between Drake and Lamar.
This update follows Drake’s withdrawal of a prior legal claim against Universal Music Group and Spotify in January, which accused the companies of artificially inflating streams for Lamar’s track.
UMG filed a motion to dismiss the case on March 17, arguing that the diss tracks are “protected opinion” and cannot be construed under the law as statements of fact.
Drake “lost the rap battle, which he instigated and willingly participated in,” the motion stated.
“Instead of accepting defeat, as an unhealthy rap artist often purports to do, he filed a lawsuit against his own label in a misguided attempt to salvage his ego.”
The motion also contended that Drake’s complaint did not establish “actual malice” on the part of UMG. Under defamation law, it is insufficient for the plaintiff to simply prove that false information was disseminated; they must also demonstrate that the false information was spread with malicious intent.
“UMG released the rap diss track featuring fiery rhetoric and insults, as opposed to actual assessments, and notably false,” stated the UMG motion.
In response to today’s ruling, Drake’s lead attorney Michael Gotlib, a partner at Willkie Farr & Gallagher, made the following statement:
“Now it’s time to see just how desperate UMG is to conceal the truth.”
MBW has reached out to Universal Music Group for comments.
