UMG is urging a Texas court to dismiss Drake‘s pre-action petition from November, arguing the Toronto rapper, signed through Republic Records, lacks evidence to back claims of payola promoting Kendrick‘s diss track.
The label argues that promoting and releasing the song is shielded by First Amendment rights. Court filings assert, “Because [Drake’s] petition is related to and was filed in response to UMG’s protected free speech, and because [Drake] cannot meet the burden of establishing by clear and specific evidence that he is entitled to pre-suit discovery, the Court should dismiss [Drake’s] retaliatory legal action against UMG.” The filing further states, “[Drake] provides nothing beyond his verified petition, which alone cannot serve as the evidentiary foundation for a petition. Even when reviewing the petition […] there is no evidentiary support for his claimed need for pre-suit deposition of UMG.”
Nonetheless, UMG has dismissed Drake’s accusation of covertly directing payments to radio stations for playing “Not Like Us” as mere “hearsay” and “not admissible as evidence.”
UMG Pushes to Dismiss Drake’s Petition, Citing Legal Tactics Against “Not Like Us”
UMG argues the petition should be dismissed, claiming the rapper filed it in the wrong court and already sued for defamation in New York federal court earlier this month.
They argue that instead of addressing Kendrick Lamar directly, Drake has turned to calculated legal actions against UMG and others, seemingly to force a reduction in the distribution of “Not Like Us.” The motion accuses him of launching a nationwide campaign to intimidate and retaliate against UMG for exercising its First Amendment rights. In addition to seeking the petition’s dismissal, Universal demands that Drake cover their legal costs. They are requesting that a hearing be scheduled within 60 days and are urging the court to suspend all discovery proceedings until a ruling is made.
Drake and his attorneys remain silent on the matter. A hearing is slated for January 28 to decide if the rapper can subpoena UMG and iHeartMedia staff for potential testimony in a future case.
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