It is seemingly a throwaway line in Pitbull’s summertime smash “Give Me Everything” — “I got it locked up like Lindsay Lohan” — but it’s apparently enough to draw the ire of the actress and her legal team, who have just filed suit against Pit and the producers of the song.
In the lawsuit, obtained by TMZ, Lohan and her attorney, Stephanie Ovadia, claim that the line “by virtue of its wide appeal, condemnation, excoriation, disparaging or defamatory statements by the defendants about the plaintiff are destined to do irreparable harm to the plaintiff.”
Lohan — who, it is noted in the suit, is “a professional actor of good repute and standing in the Screen Actors Guild” — is suing under the New York civil-rights laws, which protects individuals from having their name exploited for commercial purposes. The suit seeks an injunction to stop all the defendants — in addition to Pitbull, Ne-Yo and Afrojack, who wrote “Give Me Everything,” are named — from broadcasting the song. It also seeks unspecified damages.
A spokesperson for Pitbull had no comment on the suit when reached by MTV News.
Lohan filed a similar suit — reportedly seeking $100 million in damages — against financial services company E-Trade last year after the company aired a Super Bowl commercial that referred to a baby as “That milkaholic Lindsay.” The suit was withdrawn in September, with E-Trade reportedly paying Lohan “a confidential sum.”
The “Give Me Everything” lyric was in reference to Lohan’s July 2010 stint in Los Angeles County Jail, when she served 13 days of a three-month sentence for violating probation on a 2007 conviction for driving under the influence.
The actress was released Friday night after scoring a legal victory when a judge allowed her to post bail despite being previously ordered to stay incarcerated for almost 30 days.
“She’s been very cooperative – always has been – the first time, and then the last time,” says L.A. Sheriff’s spokesman Steve Whitmore. “Let’s hope this is the last time.”
Lohan, 24, was sprung just before midnight from a Lynwood, Calif., jail after spending less than 14 hours behind bars and later posting $300,000 bail.
She was initially denied bail by Beverly Hills Superior Court Judge Elden Fox, who expected Lohan to serve 29 days behind bars, pending her next hearing. But that order was overruled by a supervising judge after the actress’s attorney filed an appeal.
According to the most recent ruling, Lohan must now be fitted – again – with an alcohol-monitoring bracelet within 24 hours of her release. She’s also ordered to stay out of places where “alcohol is the chief item of sale.”
Lohan is set to return to court on Oct. 22 for a probation violation hearing in her DUI case, which was prompted by a recent failed mandatory drug test.
On Friday afternoon, a Los Angeles judge overturned a ruling to deny the actress bail after Lohan was ordered into custody at a Lynwood, Calif., jail.
“An order has been signed by Judge Patricia Schnegg granting writ of habeas corpus,” court spokesman Allan Parachini confirmed to PEOPLE. “Bail has been set at $300,000.”
Habeas corpus refers to the release of an inmate due to unlawful detention. Schnegg, an assistant supervising judge of the criminal courts, cited state law that guarantees the right to bail in misdemeanor cases.
Judge Schnegg ruled, however, that Lohan must be fitted with a SCRAM alcohol-monitoring device within 24 hours if released. Schnegg made the ruling after Lohan’s attorney, Shawn Chapman Holley, filed an appeal, arguing that Lohan was unlawfully denied bail.
Lohan, 24, was booked into jail on Friday morning after Beverly Hills Superior Court Judge Elden Fox ordered her to be held in custody without bail following the a positive result in her mandatory drug test.
She faces a probation violation hearing on Oct. 22.
Lindsay Lohan isn’t going back to the lockup without a fight.
A source close to the actress confirms that her attorney Shawn Chapman Holley filed an appeal Friday, arguing Lohan was unlawfully denied bail.
Lohan, 24, was ordered to jail until an Oct. 22 hearing after she failed a court-ordered drug test in her three-year-long DUI case.
For now, she remains in a solitary cell at a Lynwood, Calif. jail. Since she’s being held for a court date, instead of for a sentence, the jail won’t release her early for overcrowding or good behavior.
“It’s anyone guess if the appellate court will overturn the judge’s order,” says a legal expert, L.A. criminal defense attorney Steve Sitkoff. “Generally speaking, people are entitled to bail in a misdemeanor case, but the law in this regard is ambiguous.”
The judge laid down the law and ordered the trouble-magnet star hauled away in handcuffs for using cocaine while on probation—a screw-up that led to last week’s failed drug test and subsequent Twitter mea culpa.
Her probation was revoked, no bail was set and she will likely remain behind bars at her old haunt—the Century Regional Correctional Facility in Lynwood, Calif.—until her next hearing on Oct. 22.
“It is a wake-up call,” father Michael Lohan told E! News at the Beverly Hills courthouse this morning.
“But jail is not good for anyone. It doesn’t rehabilatate anyone…She needs to get into rehab and get away from some of those people.”
Wearing sunglasses and a conservative black skirt, the 24-year-old breezed into court appeared into court flanked by her mother, Dina, and attorney Shawn Chapman Holley.
Lindsay declined to address the media but appeared relaxed as she entered, even smiling as her estranged dad told her, “I love you,” before the hearing commenced.
The smile didn’t last long.
L.A. Superior Court Judge Elden Fox, in laying out the terms of Lohan’s probation, had warned her that any slip-up, be it a dodgy urine sample or a missed appointment, would result in a month behind bars.
Holley tried to ask the court to have Lohan’s next hearing on Oct. 29 instead, but Fox replied, “I think it’s in the best interest of your client that you have it on the 22nd.” That court date will be a formal probation-violation proceeding, where Team Lindsay will be able to make their case.
Fox the announced that Lohan ordered be taken immediately into custody and held without the right to bail.
Holley asked the court if she could be heard on the bail issue.
“Nope,” the judge replied sternly.
Lohan then was handcuffed with her hands behind her back and led away. She appeared stone-faced. About 15 minutes later she was driven away from the court in an unmarked police car with a white towel covering the windshield.
A bench warrant was originally issued for her arrest on Monday after her probation was revoked, but Fox waited until today to reveal whether Lohan would be able to wait out her ultimate punishment behind, or in front of, bars.
E! News has heard that friends, loved ones and even attorney Holley have encouraged Lohan to get herself back into treatment, both for her health and to show the judge that she’s serious—for real, this time—about staying clean.
Lohan had seemed to be doing OK by Lohan standards, appearing in a tongue-in-cheek skit on the MTV Video Music Awards two weeks ago in which she told host Chelsea Handler it would pay to lay off the drinking.
But all of her uneventful, yet questionable, nights out on the town following her 14-day stay in jail and 23 days in rehab ultimately resulted in two failed drug tests, one because cocaine showed up in her system.
Lohan, knowing the music had to be faced at some point, admitted to violating her probation, an infraction she’s now very familiar with.
“This was certainly a setback for me but I am taking responsibility for my actions and I’m prepared to face the consequences,” Lohan tweeted exactly one week ago.
Of course, some consequences are preferable to others.
After serving 23 days of her 90-day sentence, Lindsay Lohan was released from rehab Tuesday (August 24), according to Radar Online She similarly served just 13 days of her 90-day jail sentence before being released August 2.
This was Lohan’s fourth attempt at rehab, and TMZ has reported that the UCLA Medical Center doctors treating the actress believe the three-month stay ordered by the previous judge in the case, Marsha Revel, was excessive, and they recommended an early release.
That modification was due, in part, to the belief that Lohan may have been misdiagnosed with Attention Deficit Hyperactivity Disorder and that a prescription given for that malady could have caused her to go off the rails.
Lohan is likely to continue receiving care on an outpatient basis.
After reporting to the Century Regional Detention Center on July 20 for her 90-day jail sentence, Lohan was released after less than two full weeks in custody thanks to good behavior and the chronic overcrowding at the facility. She then went straight from jail to the UCLA Medical Center on August 2 to begin the rehab phase of her sentence for a probation violation from a 2007 DUI conviction.
According to Lindsay Lohan’s latest medical report from UCLA, the actress was not addicted to cocaine as once suspected.
Instead, it is believed she was misdiagnosed as having Attention Deficit Disorder and given the prescription drug Adderall, which may be to blame for triggering her often bizarre behavior.
Now Lohan apparently wants some form of apology or compensation from the courts.
“Lindsay is fuming – she is really upset that the courts put her through all this,” a source close to the 24-year-old told Pop Tarts, referring to Lohan’s incarceration for violating terms of her probation for a 2007 DUI, and subsequent court-ordered rehab.
The insider said Lohan’s camp was “exploring its options.” But just in case you’re thinking about it, Linds, legal action against the courts is probably out of the question.
It looks like Lindsay Lohan had a plan to stay in the public eye while in jail and rehab.
“No judge or prosecutor could be sued under these circumstances, they have absolute immunity,” explained Santa Monica-based Criminal Defense Attorney, Steve Cron. “Judge Revel formulated her opinion of Lindsay based on the information she had at the time from another program. The judge could still be dissatisfied with the report from UCLA and seek independent opinions or insist Lindsay be enrolled in other programs.”
Lohan has admitted to trying cocaine in previous interviews, and cocaine was found on her person when she was arrested for a DUI in 2007.
Pop Tarts is told that the “Mean Girls” star is more concerned with her public image, and believes the courts should issue an apology.
But now that Revel voluntarily removed herself from the case, after lawyers complained that she had contacted “participants and experts” involved without notifying the lawyers in advance, it seems Lohan has a better chance of making a smooth transition back into her normal life.
“It’s a good thing for Lindsay, the new judge won’t have any stake in going above and beyond in trying to prove that what they said originally was right,” added Cron.
So given that she now may be considered “insurable” to work on films thanks to her rehab’s medical conclusions, we’re told Lohan has been entertaining a string of movie offers since regaining access to her BlackBerry last week and is “excited” to get back to work and life. However, it remains unclear when she will be released from the facility.
Lindsay Lohan was just sentenced to 90 days in jail for violating her probation in her DUI case, followed by a 90-day inpatient rehab program. Judge Marsha Revel sentenced LiLo after an incredulous prosecutor, Danette Meyers, told the judge that Lohan has been thumbing her nose at the court.
The evidence was loud and clear today — Lindsay violated probation by failing to attend her alcohol ed classes based on the schedule set by the judge. There were lots of excuses, but ultimately they didn’t fly.
The judge said there was a pattern of violations since Lindsay was placed on probation in 2007 following her plea bargain in her DUI case.
Lindsay broke down as she addressed the court, telling the judge, “I did the best I could.”
Lindsay dissolved into tears when the judge imposed the sentence.
Lohan must surrender on July 20 in Judge Revel’s court.
In the midst of ongoing court hearings, Lindsay Lohan is focused on getting her life back on track. And while dancing might be the furthest thing from the socialite’s mind, it could be just what the doctor ordered.
According to former “Dancing with the Stars” contestant Aiden Turner, Lindsay is an excellent choice for the show. The “All My Children” star recently told Life & Style magazine: “It’s probably the best thing for Lindsay right now.”
According to an insider for the show, they’d love to have her. The source stated: “Lindsay is the perfect candidate. Who wouldn’t want to see Lindsay do it?”
But would Lindsay really be a good choice for the grueling dancing competition? The Hollywood socialite has struggled with attendance on many movie sets. She was even recently fired from her role in “The Other Side” prior to filming.
As Lindsay’s drug and alcohol problems continue to escalate, friends and family have urged her to return to rehab. And “Dancing with the Stars” has proven to be a positive influence on stars recovering from addiction. “Jackass” star Steve-O credited his continued sobriety to the show last year.
Would you like to see Lindsay Lohan appear on “Dancing with the Stars” next season? Leave comments in the comment area. I for one would love to see her try it!