Eminem's former bully DEANGELO BAILEY has been banned from suing the superstar for releasing a rap claiming he was almost killed by his schoolmate.

Bailey was enraged when he heard BRAIN DAMAGE, an album track from the 1999 SLIM SHADY release, because the lyrics allege he nearly murdered Eminem during a vicious episode of persecution at school.

But the 32-year-old cleaner's complaints were dismissed by a Michigan appeals court on Friday (15APR05) on the grounds listeners are unlikely to believe the words, which at one point claim Eminem's "whole brain fell out".

Bailey, who confesses he bullied the star while at DORT ELEMENTARY SCHOOL in Michigan, denies he did any genuine damage and feels his privacy has been invaded by the song.

The panel maintained a decision made in 2003, when judge DEBORAH SERVITTO even launched into her own rap to make her point.

She said, "The lyrics are stories no-one would take as fact / They're an exaggeration of a childish act."

The singer's lawyer MARY MASSARON ROSS was thrilled with the result, saying, "The fact that there may have been differences in the precise facts didn't matter because the gist of the story was true by Bailey's own admission."

Even Bailey's lawyer BYRON NOLEN was not surprised at the ruling.

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

17/04/2005 14:53