Michigan appeals court tosses lawsuit against Eminem
LANSING, Mich. (AP) — The state appeals court on Friday dismissed a lawsuit filed by an ex-schoolmate of Eminem's who accused the Detroit-area rapper of falsely depicting him in the song Brain Damage.

In the song, the rapper says Deangelo Bailey beat him up in a school bathroom, banging his head on a urinal and choking him.
By Andrew Medichini, AP

A three-judge panel unanimously upheld a Macomb County judge's 2003 decision and wrote that the song by Eminem, whose real name is Marshall Mathers III, was not intended to be taken literally.

In the song, released on Eminem's 1999 The Slim Shady LP, the rapper says Deangelo Bailey beat him up in a school bathroom, banging his head on a urinal and choking him.

Bailey, a sanitation worker, sued in 2001 and accused the rapper of invading his privacy by publicizing unreasonable information that put him in a false light. Bailey admitted that he picked on Mathers but said he merely "bumped" him at school and threw a "little shove."

The court, in an opinion released Friday, cited song lyrics in which Eminem said the school principal stomped on him, leaving him for dead. Those lyrics along with others — Eminem singing that his "whole brain fell out" of his skull — show the song should not be interpreted literally, the judges wrote.

"It is apparent that a reasonable listener would not take the song lyrics about the defendant literally," they wrote.

The court also ruled that Bailey failed to present a genuine factual issue in the suit.

Bailey's attorney, Byron Nolen, said he wasn't surprised by the ruling. He said he won't appeal to the Michigan Supreme Court.

"I don't think (the justices) would even look at it to be honest with you," Nolen said.

In their decision, the appeals judges stuck with a traditional style of legal writing. That's a contrast to Macomb County Circuit Judge Deborah Servitto, who in addition to a regular opinion, added a 10-stanza rap verse to explain her ruling.

"The lyrics are stories no one would take as fact/they're an exaggeration of a childish act," she wrote. "It is therefore this Court's ultimate position/that Eminem is entitled to summary disposition."

Messages seeking comment were left Friday with Mathers' attorneys.


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Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



Russell Simmons returning to Def Jam
NEW YORK (AP) — Russell Simmons is jamming again. The hip-hop mogul is returning to Def Jam, the label he created two decades ago. Simmons announced Wednesday that he will head the Russell Simmons Music Group, a joint label with Island Def Jam Music Group.
Simmons sold Def Jam for $100 million in 1999 but hasn't strayed far from the business. Over the years, he's expanded Def Jam into television (HBO's Def Comedy Jam ), Broadway (Russell Simmons Presents Def Poetry ) and several clothing lines.

After his contract with Def Jam expired several months ago, it was unknown whether Simmons would return to producing music or continue with his myriad of entrepreneurial activities. His first album will be a new disc from his brother, the Rev. Run, a founding member of Run-DMC.

"There are a lot of great records (to be made) out there — like the Run record," Simmons told The Associated Press Thursday. "Nobody would make that record. Nobody would know to make that record. ... I like the idea of doing something different."

Simmons, 47, is planning further expansions from Def Jam. He says MTV has greenlit a reality show, Run's House, that will chronicle the life of his brother, now an evangelical preacher, and his five children.

"It's the first functional family on television. It's like Bill Cosby on steroids. They live next door to me and Kimora, and we're heathens!" said Simmons, referring to his wife, Kimora Lee.

Island Def Jam, which is under the Universal Media Group umbrella, is now run by chairman Antonio "L.A." Reid. Simmons had reportedly feuded with Reid when Reid took over the label last year, and had questioned Reid's hip-hop credibility, but they say that is now water under the bridge.

"Russell Simmons is one of the guiding spirits and musical godfathers of hip-hop in America and around the world," Reid said in a statement.

Def Jam, which later merged with Island Records, was the original label for the Beastie Boys and Public Enemy.


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Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



Russell Simmons returning to Def Jam
NEW YORK (AP) — Russell Simmons is jamming again. The hip-hop mogul is returning to Def Jam, the label he created two decades ago. Simmons announced Wednesday that he will head the Russell Simmons Music Group, a joint label with Island Def Jam Music Group.
Simmons sold Def Jam for $100 million in 1999 but hasn't strayed far from the business. Over the years, he's expanded Def Jam into television (HBO's Def Comedy Jam ), Broadway (Russell Simmons Presents Def Poetry ) and several clothing lines.

After his contract with Def Jam expired several months ago, it was unknown whether Simmons would return to producing music or continue with his myriad of entrepreneurial activities. His first album will be a new disc from his brother, the Rev. Run, a founding member of Run-DMC.

"There are a lot of great records (to be made) out there — like the Run record," Simmons told The Associated Press Thursday. "Nobody would make that record. Nobody would know to make that record. ... I like the idea of doing something different."

Simmons, 47, is planning further expansions from Def Jam. He says MTV has greenlit a reality show, Run's House, that will chronicle the life of his brother, now an evangelical preacher, and his five children.

"It's the first functional family on television. It's like Bill Cosby on steroids. They live next door to me and Kimora, and we're heathens!" said Simmons, referring to his wife, Kimora Lee.

Island Def Jam, which is under the Universal Media Group umbrella, is now run by chairman Antonio "L.A." Reid. Simmons had reportedly feuded with Reid when Reid took over the label last year, and had questioned Reid's hip-hop credibility, but they say that is now water under the bridge.

"Russell Simmons is one of the guiding spirits and musical godfathers of hip-hop in America and around the world," Reid said in a statement.

Def Jam, which later merged with Island Records, was the original label for the Beastie Boys and Public Enemy.


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Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.