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Miley Cyrus Fights Back Against Lawsuit

Mar. 23 2009, Published 5:10 a.m. ET

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After taking a photo that launched a thousand stories, Miley Cyrus is fighting back against a $4 billion dollar lawsuit claiming the singer violated civil rights by discriminating against those of Asian-Pacific Islander descent.

The lawsuit stems from a picture in which Cyrus, sitting atop her boyfriend Justin Gaston’s lap, pulled her eyes backwards into a slanted position. In the photo, she is surrounded by a group of friends doing the same thing as a male Asian American pal sits in the middle with his eyes wide open.

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“As admitted by Plaintiff in her Complaint, Defendant Cyrus did not intend to discriminate,” the document released by the Los Angeles Superior Court on March 10 states. The document was officially a “request for judicial notice in support of demurrers” which means that regardless of whether the plaintiff’s set of facts is correct, they are insufficient and the defendant should not have to answer them or proceed with the case. In the papers, Cyrus’s lawyers call the complaints “frivolous” and that the claims “lack standing.”

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The plaintiff, Lucie J. Kim, wants $4,000 in damages for each potential plaintiff.

A hearing is requested for April 24, 2009.

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