Universal Music has filed a motion to dismiss DrakeRequest for pre-suit pre-suit in Bexar County, Texas, citing lack of evidence in rapper’s claims against record label that artificially inflated and promoted Kendrick lames“is not like us.”
Drake filed two actions in November 2024 — both not lawsuits, to be clear — first, A petition in New York accuses UMG of conspiring with Spotify and a second against UMG in Texas. After Drake withdrew the New York petition To clear the way for a lawsuit, the Texas petition still stands, prompting a response from UMG seeking dismissal.
In yesterday’s 144-page filing, reviewed by AmountUMG is seeking dismissal of the petition under protected free speech and based on the Texas Citizens Participation Act, which “protects against retaliatory lawsuits that seek to intimidate or silence them on matters of public concern.” The motion says Drake brought his petition under Texas Rule of Civil Procedure 202, which is “designed to intimidate and punish people for exercising their First Amendment rights.”
The motion explains that under the TCPA, the burden of proof shifts to Drake to provide clear evidence of claims made in his petition including one that UMG “funneled payments” to iHeartMedia, the nation’s largest radio network, as part of a “pay-to-play scheme ” to promote the song on the radio.
UMG argues that Drake cannot show a burden of proof for many reasons, including the proposition that he has no admissible evidence. The movement is clear on that point, saying that Drake “gives nothing Outside of his verified petition “and that there is” no evidentiary support for his alleged need for pre-deposit of UMG. ” UMG discredits Drake’s sources from his initial petition, saying that “these claims from named, unidentified out-of-court statements are hearsay and are not admissible into evidence.”
UMG concludes its motion with a request to dismiss the petition and suspend all discovery related to the matter pending the court’s decision. UMG is also requesting that the court order Drake to pay its attorneys’ fees and costs associated with its defense.
In a separate filing yesterday in New York, Drake’s attorney filed a letter supporting Umg’s request for an extension of time to respond to his complaint. According to the letter, this was done in anticipation of UMG filing a motion to dismiss Drake’s case in the foreseeable future.
Drake’s ongoing legal battle from his historic rap battle with Kendrick Lamar kicked into full gear after the latter dropped an early 2024 firestart on Future and Metro Boomin’s “Like That.” What followed was a back-and-forth between Drake and Lamar that culminated in a flurry of diss tracks including Lamar’s “Not Like Us,” which inevitably became the biggest hit from the battle and was arguably Drake’s finishing blow.