Looks like she didn’t have this one locked up: Yesterday, a U.S. District Court judge in New York dismissed a lawsuit that troubled actress Lindsay Lohan had brought against musicians Pitbull, Ne-Yo, and Afrojack over their 2011 song “Give Me Everything.”
Lohan claimed that the song’s lyrics were “destined to do irreparable harm” to her. Specifically, she took issue with this line, which references the time she spent in jail: “Hustlers move aside, so I’m tiptoein’, to keep flowin’ / I got it locked up like Lindsay Lohan.”
Though New York has a civil rights law that protects citizens from having their names exploited for commercial gain, Judge Denis Hurley ruled Thursday that the song was a work of art protected under the First Amendment. And even if it weren’t, he said, using Lohan’s name in a single line of the song without her consent would be “insufficient to meet the threshold for extreme and outrageous conduct necessary to sustain a claim for intentional infliction of emotional distress.”
While this result is disappointing for Lohan, she should be pleased that the judge’s ruling wasn’t harsher; at least he didn’t agree with Pitbull’s lawyers that the actress should be sanctioned for filing a frivolous lawsuit. Judge Hurley did, however, sanction Lohan’s lawyer, Stephanie Ovadia — for plagiarizing court briefs from various online sources. For making “undisputably false representation to the court,” Ovadia was sanctioned $750.