Eminem is a famous hip-hop/rap artist who won a Grammy Award for his music in the movie Eight Mile, in which he starred. His lyrics often contain references to his personal experiences. In "Brain Damage", a song from his CD The Slim Lady LP, Eminem sang lyrics he had written about his childhood experiences with DeAngelo Bailey. The lyrics read in part was harassed daily by this fat kid named D'Angelo Bailey...He banged my head against the urinal until he broke my nose...soaked my clothes in blood, grabbed me and choked my throat". Bailey sued Eminem for $1 million, alleging that the lyrics were untrue and slanderous. Under questioning at trial, Bailey admitted that when he was in fourth grade, he was part of a group at school that did "bully type things", such as pushing Eminem down. Bailey offered no evidence to refute Eminem's claims in his deposition that Bailey was bigger than him, shoved him into walls, called him names, took his orange juice and, knocked over his books. After hearing all the evidence, Judge Deborah Servitto granted summary judgment in favor of Eminem.

Bailey wants to appeal the trial court's decision in favor of Eminem. Can he? What must he demonstrate to appeal the ruling of judge Servitto? Was the lawsuit warranted? Do you agree with the court's decision? Explain in detail.