Pitbull Takes a Bite Out of Lohan

                So, apparently, Lindsay Lohan did not like Pitbull’s lyric: “got locked up like Lindsay Lohan.”  The lyric appears in Pitbull’s song, “Give Me Everything.”  Clearly, her legal bills must be mounting because she sued Pitbull in New York state court for royalties for the use of her name.  It is unclear why Ms. Lohan claims she is a resident and citizen of New York when she has been a guest of California prisons, is subject to probation in California, has been under house arrest in California, has been ordered to community service in California, and, according to documents filed by Pitbull, has been living in California since 2004.  Based on the foregoing, Pitbull wants to move the lawsuit to the federal courts in California.  Looks like he may have a good argument given the multitude of run-ins with the law Ms. Lohan has had recently—all in California.  Pitbull has set forth the multitude of run-ins with the law in his countersuit against Lohan.  [Insert Michael Buffer’s “Let’s Get Ready to Rumble” call here].  

                Lohan asserts that the lyric by Pitbull is defamatory.  The tort of defamation protects a person’s interest in his or her reputation or character.  In order to qualify as defamation, the statement made must be false.  Yes, you read that right, truth is a defense to defamation.  Hard to argue that Pitbull’s lyric is false when there is ample support in the public record detailing Lohan’s criminal exploits.  She has been incarcerated, she has been placed on house arrest, she is on probation, and she has most recently been admonished by a California State Court Judge for failing to participate in and complete her court-ordered community service.  Moreover, one must wonder what “reputation” Lohan is actually attempting to protect.  Her recent legal troubles do not lead to the conclusion that Lohan has a “good reputation.” 

                It appears clear that Lohan was both forum shopping (filing in New York) and was hoping to get a pay day from Pitbull. However, Pitbull is fighting back.  He is not being nice about it, either.  He may have the better argument for both moving the litigation to California and defending against Lohan’s defamation claim.  Stay tuned.