Pitbull, Lindsay Lohan

Gustavo Caballero/FilmMagic; Toby Canham/Getty Images

Pitbull is biting back hard.

The rapper is looking to have Lindsay Lohan's defamation suit against him transferred from state to federal court, a move that could give him a better chance of winning. 

Lohan sued Pitbull in August, claiming his hit "Give Me Everything" where he rhymed "I got it locked up like Lindsay Lohan" sullied her good name and reputation.

Now both are locked in a fierce legal battle. Here's the latest.

According to a notice of removal filed in a U.S. District Court in New York, Pitbull's lawyers argue that the Mean Girl star's lawsuit should be tossed out of state court on jurisdictional grounds because Lohan falsely claimed to be a resident of Long Island, N.Y., where she grew up, when in actuality she's lived in California since 2004.

The filing cites Lohan's "irrevocable ties" to the Golden State—specifically her California driver's license and long-running legal problems, including her most recent probation violation and jail time.

"In light of Ms. Lohan's continuing obligations to the State of California, as well as the foregoing facts, Ms. Lohan is a citizen of California, not New York," states the hip-hop star's suit. "As a result of Ms. Lohan's subsequent California 2011 jail sentence and revocation of parole, her ties to California have only increased."

Given the residency issue and the fact that Lindsay is seeking over $75,000 in compensatory damages for the diss—which Pitbull (real name Armando Christian Pérez) has since apologized for, saying he meant no harm—his lawyers assert that federal court is the proper venue, which as it happens, could be advantageous to their case.

Lohan launched her legal salvo in August in Nassau County, N.Y., alleging Pitbull used her name for commercial purposes without compensation and that the lyrics in question defamed her, essentially setting up a test of the MC's First Amendment protections considering the troubled starlet is a public figure.

Ne-Yo and Afrojack, who cowrote the song, are also named as defendants in the case.

Reps for both Lohan and Pitbull were unavailable for comment.

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