Drake refuses to let go of his defamation lawsuit against Universal Music Group over “Not Like Us” and has filed an appeal after the case was dismissed last year.

On Wednesday (Jan, 21), Drake’s legal team filed an official appeals motion in the United States Court of Appeals for the Second Circuit. While the judge cited “Not Like Us” as being opinion, Drake’s legal team’s appeal argues that Kendrick’s “certified pedophile” claims on the song were stated as an “unambiguous matter of fact.” They also claim UMG misled consumers with its marketing of the song, which caused Drake serious harm.

Drake originally sued UMG for defamation last January, for distributing Kendrick Lamar’s diss song, “Not Like Us,” which refers to Drizzy as a child predator. The case was thrown out last October. Kendrick Lamar was not listed as a defendant in the lawsuit. However, following nine months of litigiation, the judge threw out the case before it could reach the trial stage.

“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,” Jeannette A. Vargas’s ruling read. “Before the Court is Defendant’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Because the Court concludes that the allegedly defamatory statements in ‘Not Like Us’ are non-actionable opinion, the motion to dismiss is GRANTED.”

Following the ruling, Drake filed an appeal notice last November. UMG has until March 27 to file a response brief.

XXL has reached out to Drake’s team and UMG for comment.

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