Lindsay Lohan Sues E*Trade For $100 Million; Says Baby Was Based On Her

Too Much Free Time

from the well,-who's-a-baby-now dept

Tue, Mar 9th 2010 10:16am — Mike Masnick

If you thought the guy suing because he thought Hurt Locker was based on his life story (but also made him look bad) was going too far, here's an even more ridiculous lawsuit. Dave Barnes was the first of a few of you to alert us to the news that actress Lindsay Lohan is suing E*Trade for $100 million, claiming that one of the babies used in its famous "talking babies" commercials was based on her. The baby -- which was named Lindsay -- is shown as being a "boyfriend-stealing, milkaholic" baby. And, for that, Lindsay say she deserves $100 million in "pain and suffering." I'm trying to decide which makes someone seem more like a baby: a commercial with a silly "milkaholic" baby, or a humorless multi-millionaire starlet suing a financial firm for $100 million over a silly commercial that has talking babies, because she can't take a joke.

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Filed Under: babies, lawsuits, lindsay lohan
Companies: etrade

72 Comments

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Jon Renaut (profile), 9 Mar 2010 @ 10:18am

If she admits it . . .
If she will publicly admit that she has questionable morals, a substance abuse problem, and difficulty comprehending English, I think she deserves to get paid.
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Anonymous Coward, 9 Mar 2010 @ 10:20am

So is the purpose of the lawsuit to confirm that they were correct in casting her as a baby?
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Anonymouse, 9 Mar 2010 @ 10:21am

I think by suing she is confirming that she is indeed a baby boyfriend stealing milkoholic.... with bad hair.
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Anonymous Coward, 9 Mar 2010 @ 10:23am

Well, if the baby also happens to be a whore then . . . .

If the baby shoe fits?
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ChurchHatesTucker (profile), 9 Mar 2010 @ 10:24am

Wait, What?
Is she, or is she not a milkaholic? Also, is there anyone else in the world with that first name?

Seriously, lawyers should be disbarred after filing crap like this.
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Anonymous Coward, 9 Mar 2010 @ 10:27am

Re: Wait, What?
Their clients should be barred, from having lawyers.
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crade (profile), 9 Mar 2010 @ 10:28am

The U.S. is all about ridiculous lawsuits. It's a better chance than the lottery.
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davebarnes (profile), 9 Mar 2010 @ 10:29am

I would say that Lindsay would have a case
if the E-trade commercial referred to a "coke addict" or an "alcoholic". But, sadly, it did not.

Also, I really doubt that Lindsay Lohan is "a humorless multi-millionaire starlet". Many people think that she is close to being broke.
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Xyro TR1 (profile), 9 Mar 2010 @ 10:30am

Re: Wait, What?
Seriously, lawyers should be disbarred after filing crap like this.

Truth!
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Anonymous Poster, 9 Mar 2010 @ 10:30am

Re: Re: Wait, What?
How about we hit the clients and the lawyers with crowbars?
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thublihnk (profile), 9 Mar 2010 @ 10:33am

Wait, Lindsay Lohan thinks she was the first boyfriend robbing milkaholic baby on the scene?

"You're so vain, you prob'ly think the song is about you..."
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Avatar28 (profile), 9 Mar 2010 @ 10:34am

Re:
Are we sure she might not be a GIRLfriend-stealing milkaholic? Just sayin' she's apparently shown some tendencies like that before apparently.

But, yeah, saying that the baby is based on her is tantamount to admitting to that. I wonder if she is willing to go to court and testify under oath that that baby is like her. I'm PRETTY certain that a single name isn't enough to establish a factual basis under the law. Otherwise you would never a see a John, Tom, Robert or other similarly common names.
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Anonymous Coward, 9 Mar 2010 @ 10:39am

Re: Re: Re: Wait, What?
Can we make them hit each other? Beating a lawyer feels like work to me.
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Seth (profile), 9 Mar 2010 @ 10:39am

Staying Relevant
I think she's just trying to keep her name in the news to avoid completely fading into obscurity. Why not try to get paid while you are at it.
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mike42 (profile), 9 Mar 2010 @ 10:42am

Parody
If it was based on her, wouldn't it be protected as a "Parody"?
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DJ, 9 Mar 2010 @ 10:45am

Re:
True, but I think you can go a tad further back than Carly Simon.
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Anonymous Coward, 9 Mar 2010 @ 10:53am

Re: Re: Re: Re: Wait, What?
Nah, that's fun. I'd do it for free!
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bob, 9 Mar 2010 @ 10:56am

I hope this goes all the way
Then she loses and has to pay for all the legal work.
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Thomas (profile), 9 Mar 2010 @ 10:57am

typical..
If you can't earn money by working, get money by suing someone. I saw the commercial and never thought of her. what about other people named Lindsay? Surely she is not the only worman in the world named Lindsay?
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Anonymous Coward, 9 Mar 2010 @ 10:58am

Re: Parody
It would be protected as a lot of things. I don't believe you can copyright being drunk and stupid. She's not saying it unfairly portrays her, so she can't claim libel.
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Anonymous Coward, 9 Mar 2010 @ 10:58am

I want to see this go to court. She'll have to say, duly recorded into the court transcripts, that she's an alcoholic dumbass with questionable morals.

I would pay good money for an illustrated copy of that transcript. Preferably with caricatures of the proceedings.
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Bradley Stewart, 9 Mar 2010 @ 10:59am

Anything For Publicity
I have a better chance of jumping off a really big trampoline and landing on the moon than this girl has a chance of collecting anything.
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Anonymous Coward, 9 Mar 2010 @ 11:03am

How much did Etrade pay Lindsay for this free advertising?
;)
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Mark Harrill (profile), 9 Mar 2010 @ 11:07am

Before
Before this lawsuit I saw the commercial and didn't even associate it with Ms. Lohan. Now I will...forever. Is this like the Streisand Effect but for making something about you when it isn't? Call it the Lohan Corollary?
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kryptonianjorel (profile), 9 Mar 2010 @ 11:07am

Re: I would say that Lindsay would have a case
I'd be willing to put money on the fact that Lohan isn't the only alcoholic, boyfriend-stealing Lindsay out there.

Its a money grab. Like you said, Lohan is pooooooooor. Shes spent up the little money she had, and is now trying to get set for life.
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Anonymous Coward, 9 Mar 2010 @ 11:10am

Would that make her a pedophile?

Is she really that into having her baby man?
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Anony1, 9 Mar 2010 @ 11:12am

First, I think the commercial in question is in extremely poor taste. Tactless, and not that funny. At all. Second, when I saw said commercial, I never, for a split second, associated the baby with Ms. Lohan. In fact, I'm not even sure it's established that it was meant to represent her. She may have seen a connection, due to her well pulicized substance-abuse issues, but I didn't at the time. Didn't even remember the baby's name. So even if it were based on her, she's well..plumb loco.
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known coward, 9 Mar 2010 @ 11:15am

Re: Re: Re: Re: Re: Wait, What?
You all are to kind, They should make the lawyers view a Lindsey Lohan film festival. Then they can sue for damages.
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Anonymous Coward, 9 Mar 2010 @ 11:17am

Next headline will be... "Class Action Lawsuit Against E*Trade by Everyone Named Lindsay"
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FormerAC (profile), 9 Mar 2010 @ 11:18am

Lindsay
As if Lindsay Lohan wasn't already a joke.
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btr1701 (profile), 9 Mar 2010 @ 11:24am

Lohan
> because she can't take a joke

Which assumes the ad was about her in the first place. There's no evidence of that whatsoever. Hell, given that the name was only spoken on screen, there's no way Lohan can even know it's "Lindsay" and not "Lindsey" or "Lindsy". E-Trade also said in its response that Lindsay was the name of someone on their creative team, which was why it was chosen. They wouldn't make such an easily disprovable claim if it wasn't true, which puts an even higher legal hurdle in front of Lohan.

And in any event, even if the baby *was* based on Lohan, parody of public figures is protected speech and a well-established exception to intellectual property restrictions and the fact that the person doing the parodying is making a profit at the same time is irrelevant.

Seems like this is just a ploy by a trainwreck of a B-list starlet who did such a thorough job of wrecking her once-promising career that she's been reduced to filing bogus lawsuits for publicity.
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33Degrees, 9 Mar 2010 @ 11:26am

Lindsay Who?
I know who the babies are, but who is Lindsay?
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jsl4980 (profile), 9 Mar 2010 @ 11:30am

Re: Wait, What?
I think the lawyers are doing exactly what they should - separating an idiot and her money. Now that she has confirmed that she is in fact a milkaholic the lawyers should do her a favor by taking her milk money.
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LumpyDog (profile), 9 Mar 2010 @ 11:31am

Re:
I'll offset your hate by stating my love for that commercial. The comedic timing. The punch line.

All greatness.
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Baby Agent, 9 Mar 2010 @ 11:33am

Baby Sues Lindsay`
So, the real suit is between Lindsey (the baby in diapers, not the one without panties)and her agent if the poor little thing had to portray such a loser as her first role!

Besides, panty-less Lindsay may be an alcoholic, but I had no idea she was also a milkaholic! Wow, learn something new every day!

~33
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nasch (profile), 9 Mar 2010 @ 11:38am

Re: I would say that Lindsay would have a case
I would say that Lindsay would have a case if the E-trade commercial referred to a "coke addict" or an "alcoholic".

Please tell me you're being sarcastic.
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TS.Atomic (profile), 9 Mar 2010 @ 11:42am

Makes no sense!
So, this is a satire piece, right? That's it, isn't it! It's some goofy satire article -or- some sort of weird internet study or experiment put out by an undergrad to poll reactions for (heckifIknow) studies...
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Yakko Warner, 9 Mar 2010 @ 11:43am

Re: Re: I would say that Lindsay would have a case
Not everyone can afford the SarcMark™.
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Stuart, 9 Mar 2010 @ 11:57am

Re:
Not every Lindsay. I think that only 60 - 70% of Lindsays can say that they are Alcoholic Whores.
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Anonymous Coward, 9 Mar 2010 @ 11:58am

Oh Crap
We we're planning on naming our baby girl Lindsay. Better pick something else incase later in live her name was to appear in the media and the real, original and only Lindsay would sue use and her.
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Dark Helmet (profile), 9 Mar 2010 @ 12:02pm

Re: Oh Crap
"We we're planning on naming our baby girl Lindsay. Better pick something else incase later in live her name was to appear in the media and the real, original and only Lindsay would sue use and her."

I wouldn't worry about it. They way she's going, she'll have Monroe'd herself by then....
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vastrightwing, 9 Mar 2010 @ 12:05pm

Connections
Lindsay Lohan -> Money -> Big financial firm -> baby -> Lindsay Lohan is a spoiled brat.
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Cathy, 9 Mar 2010 @ 12:10pm

Now E-Trade is countersuing Lindsay: http://bit.ly/a0Xh8j

But that's what you get when you file frivolous lawsuits...
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Trails (profile), 9 Mar 2010 @ 12:17pm

Re: Re: Parody
"I don't believe you can copyright being drunk and stupid."

LOL! Love it!
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Blah1234, 9 Mar 2010 @ 12:23pm

Looking for Attention
Mike, I really wish you wouldn't post stuff like this. This is obviously a case where she (or her PR rep) are looking for attention. She gets back in the news and every time that commercial comes on the air, people will think of her. I just wish you wouldn't feed this cycle.
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Anon++, 9 Mar 2010 @ 12:26pm

Re: Re: Oh Crap
You mean killed by the CIA?
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Charlie Potatoes (profile), 9 Mar 2010 @ 12:29pm

The beat goes on...
Years ago the cartoonist Al Capp (Lil Abner) introduced a new character, a folk singer, who rode around in a limo to sing about poverty and hunger. He named her Joanie Phony. Joan Baez, in righteous indignation, sued him. I recall that he apologized on the Johnny Carson show, saying he was indeed sorry that Miss Baez believed she might be Joanie Phony. She looked like an idiot.
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Dark Helmet (profile), 9 Mar 2010 @ 12:49pm

Re: Re: Re: Oh Crap
God willing....
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Alan Gerow (profile), 9 Mar 2010 @ 1:02pm

So is she saying she's a cradle robber?
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Anonymous Coward, 9 Mar 2010 @ 1:48pm

Lindsay needs to lay off the moo-juice. All that vitamin Ds gone straight to her head
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Anonymous Coward, 9 Mar 2010 @ 2:00pm

BLAME TWITTER!!!

http://adage.com/article?article_id=142711

Indeed, a lot of people were talking about it on Twitter in the aftermath of the spot's airing -- with many egging Ms. Lohan on to file a lawsuit against E-Trade. Wrote someone named Ryan Curtis: "@lindsaylohan I would sue if I was you," and later saying "@lindsaylohan I really think you should look into it. It wasn't funny and rude."
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xanius, 9 Mar 2010 @ 2:01pm

Re: I would say that Lindsay would have a case
Yeah, cocaine will do that to you.
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Probably Sucks, 9 Mar 2010 @ 2:25pm

Humourless?
"humorless multi-millionaire starlet", I think, "humorless, slutty and former multi-millionaire starlet who is close to being broke because nobody wants her any more" is a closer fitting statement.
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Paul`, 9 Mar 2010 @ 2:43pm

I hope they counter claim for legal costs. That would be too perfect.
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AllRise, 9 Mar 2010 @ 2:45pm

Lindsay Lohan VS. E-trade
The Lindsay Lohan VS. E-trade case is now open at AllRise online court. Join the debate and cast your vote - http://bit.ly/AllRise288
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vivaelamor (profile), 9 Mar 2010 @ 3:14pm

Re: Re:
"Are we sure she might not be a GIRLfriend-stealing milkaholic? Just sayin' she's apparently shown some tendencies like that before apparently."

Is there such thing as passive-aggressive homophobia? Just sayin'.
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C L, 9 Mar 2010 @ 3:45pm

Lindsay Who?
Really? Sorry...when I hear just the name Lindsay......I NEVER think of Lindsay Lohan.

*Some*body is needing attention....
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C L, 9 Mar 2010 @ 3:45pm

Lindsay Who?
Really? Sorry...when I hear just the name Lindsay......I NEVER think of Lindsay Lohan.

*Some*body is needing attention....
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Anonymous Coward, 9 Mar 2010 @ 5:02pm

I honestly would never have drawn that parallel had she not made it herself. Sounds like a self-made case for "if the shoe fits, wear it".
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vyvyan, 9 Mar 2010 @ 7:56pm

Re: Lindsay Who?
I first think of Davenport. She can pick Lohan with one hand and throw her in pacific ocean, then Lohan can sue the water for being cold.
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B's Opinion Only (profile), 9 Mar 2010 @ 9:16pm

Ha ha, awesome! I worked on that commercial!

I can assure you that Lindsay Lohan was not on our minds while shooting. We were mostly concerned with which talent would sit still under the lights without screaming and give us something that we could use between crying fits (which is probably a lot like working with Ms. Lohan, come to think of it.)

Thank jebus I am low enough on the call sheet to not have to worry about milkoholics filing lawsuits.
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Chris Maresca (profile), 9 Mar 2010 @ 9:33pm

Funny enough....
... Etrade's stock was up today. Perhaps she could sue GE as well?
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Catherine jennifer fusco, 10 Mar 2010 @ 4:11am

Re: I would say that Lindsay would have a case
davebarnes..this is a contradiction,first you saiud you doubt Linsay is a humorless multi-millionaire starlet."then" you say..Many people think that she is close to being broke? "I DOUBT" she's anything but a spoiled[understatement] brat,devoid of morality,intellect,boring,uncultured,cluttered,lazy,plus the fact that a simple detox of pills& Booze,entitled her to a posh retreat at $1000$ daily[=30Grand/month]to canoe,pedi-CURES,maniCures,hair,etc..I wish "I" could detox surrounded by the finer things {I'm accustomed to also],but my addiction is a tad more painfull,I deserve to have the quality of "my" life returned in such a way!Sheen also needed a 60's style kick-ib-the-ass..Lindsay "just wants!,what heve the both of them done for humanity lately? She does nothing to help save the wolves,nor participate in the seal slaughtering,or any other cause..Her mother[role reversal.likened to this generation] is also never geard from,she's not a good mother,just a rich one,so her "[non] work is done,as mommy has never struggled a day in her life..wasn't raised w/ traditional values,nor books,nor culture!A beautiful girl like Brittany Murphy dies a senseless death,while Lohan has too much time watching tv,thinking she's entitled to the slightest inuendo,depicting her classless persona!Multi-millioaire?What,the royalties?Certainly,not working nor looking for any parts! She& whatever lawer she has,no doubt a servant for her whimsical idea's- that all eyes are on her]must be passifying her..When was the last time she was heard..giving to a cause? Speaking out?You said you Doubted she is humorless,but left us there,if she not humorless,why isn't she laughing,where is her mother? Perhaps her father does have some legitimate reasons while Lohan claims my father tries to make $$$ from my name..what "name" would that be...skinny tramp who wraps up a $300 thousand car,[where if it were us,our hearts would be beating out of our chest!][to have an accident with our less costly car!]Brittany Spears is another dud who was raised like a slob..you can't take the slob out of the girl,nor can she attain anything anything "stellar",she's waste,who will loose this "indulgent lawsuit"& the crook who will try to persue it!
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Monkeyboy (profile), 10 Mar 2010 @ 5:54am

No idea
When I first read an article about this elsewhere, I thought for sure it had to be some kind of parody post. I never in my wildest dreams imagined that the Lindsay baby was based off of her. Now thanks to her lawsuit, that's all I'll think about whenever I see this commercial! Thanks, Streisand Effect!
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Monkeyboy (profile), 10 Mar 2010 @ 6:21am

Re: Lindsay Who?
Exactly! Since when is Lindsay Lohan on a one name basis like she seems to claim? She is no Madonna or Oprah.
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Sandra, 10 Mar 2010 @ 6:45am

LINDSAY CASE
I think Lindsay Lohan needs to get a life and get a grip!! Just like everyone else, I had not one time thought about the E*Trade Lindsay baby being based on Lidsay Lohan when I saw that commercial. Not until this lawsuit. I really like that commercial and all of the E*Trade baby commercials and I hope that the Judge throws Lindsay Lohan out of his court room!
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jsf (profile), 10 Mar 2010 @ 9:01am

I'd be willing to bet that she never even saw the commercial and the whole thing started when some lawyer looking to make a buck mentioned it.
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davebarnes (profile), 10 Mar 2010 @ 10:23am

It gets better
"I'm just basically glad I took a stand. I'm not going to let them do this to us anymore," Dina Lohan said of the "horrible" and "mean" ad.

She said that the ad was clearly aimed at her daughter because unlike other stars, her daughter's first name is synonymous with the "Herbie Fully Loaded" actress.

"Everyone knows Lindsay, like Cher or Madonna," Dina Lohan said.

Read more: http://www.nypost.com/p/news/national/lindsay_super_bawl_time_out_2wZQWjTEKUokiMAmr0jNIL#ixzz0hncULu od
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Chris (profile), 10 Mar 2010 @ 1:26pm

Re: Humourless?
agree 100%

I thought she was close to broke (or just a jerk) when that whole story about her ripping off a locksmith came out
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Anonymous Coward, 10 Mar 2010 @ 2:08pm

http://gawker.com/5490294/does-lindsay-lohan-even-know-that-shes-suing-etrade

Ovadia didn't return a phone call and e-mail asking how she got involved in the case and whether she'd ever spoken to Lindsay Lohan about it. And we don't really know where to go to ask someone from Lindsay's side about it, considering the fact that her long-time publicist is on a "hiatus." Her mother Dina Lohan told the New York Post today that Lindsay was outraged by the ad, adding, in a telling use of the first person, "I'm just basically glad I took a stand." And to to complete the circle, Radar Online quoted Michael Lohan just two days ago saying that he and his ex-wife had reconnected and were "crying to each other" on the phone after he took a heart-related trip to the hospital.

A cynic might suspect that Lindsay's money-grubbing parents recently started talking again and hatched a plan to attach their daughter's name to a bullshit lawsuit filed by a provincial lawyer that one of them knows. But we can't imagine what sort of parents would treat their daughter that way.
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StarNoStar, 11 Mar 2010 @ 3:08pm

What A Waste...
What a joke!

She needs to grow up and realize that the world does not revolve around her. Now how much money is the court system gonna waste on a case like this, millions? Where could that money be better spent? Maybe trying legit cases (not PR stunts), or maybe put it toward the national debt, maybe invest it in drug recovery programs, i could think of a million way to better our society with the cash spent on this case.

Does anyone here realize that you guys are paying for this court case with your tax dollars? Yup, she figured out a way to make YOU pay for the brunt of her PR stunt.
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Linsday FAn, 26 Mar 2010 @ 10:53am

Lindsay is Hot
you are all against Lindsay because she is hot and you are not. Give her $200 million and forget about it.
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