Last year (14), the Mean Girls star and her younger brother, Michael, Jr., were sued by businessman Fima Potik over claims the siblings stole the idea for their Vigme program from a previous project they worked on with him called Spotted Friend.

The case was set to go to trial this year (15), but Potik has filed papers at Manhattan Supreme Court asking for the lawsuit to be dismissed as he is struggling to keep up with the mounting attorneys' fees.

However, Lohan's team is fighting the move as they want a judge to fine Potik for filing a "frivolous" lawsuit.

The actress' lawyer Ravi Batra tells the New York Daily News, "He can't prove he had anything worth stealing."