A judge threw out a $4 billion lawsuit that accused Miley Cyrus of racism on Friday.

Lucie Kim had filed the suit claiming the singer had violated her civil rights, and those of other Asians, when the teen star and her friends were photographed pulling their eyes into slants.

Kim says she will consider filing an appeal despite the judge’s ruling.

The lawsuit stemmed 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.