Sam Smith 'Stay With Me' Lawsuit to Be Thrown Out ... Judge Recommends

11/15/2017 5:15 PM PST

Sam Smith, 'Stay With Me' Lawsuit to Be Thrown Out, Judge Recommends

EXCLUSIVE

The songwriter who sued Sony over Sam Smith's mega hit "Stay With Me" is this close to being unceremoniously thrown out of court, because a judge isn't buying what he's selling.

Mark Halper filed his lawsuit back in 2015, claiming Smith somehow heard Halper's rendition of "Don't Throw Our Love Away," which contained the lyric, "stay with me." His suit asks for an acknowledgment from the National Academy of Recording Arts and Sciences, which gave Smith a Grammy for the song.

The magistrate judge -- who assists the trial judge -- wasn't having it, saying Halper didn't make a case that Sam had any access to his song. The judge went on to say ... even if Sam did have access, the lyric "stay with me" is not protected by copyright law.

The magistrate is recommending the trial judge toss the whole matter, which is most likely what will happen.