Miley Cyrus has triumphed in her court battle over a racially insensitive photo she posed for earlier this year – a judge has thrown out a $4 billion lawsuit filed against her by a member of the Asian community in Los Angeles.

The Hannah Montana star was sued by Lucie Kim on behalf of L.A.’s Asian citizens after a picture of the singer and her pals making a “slanty eyes” gesture surfaced online in February.

Kim claimed the photo showed Cyrus and her pals mocking Asians and insisted she was emotionally stressed after viewing the snap.

Teen queen Cyrus later apologized – but Kim pressed ahead with plans to file suit.

During a hearing in June, Los Angeles Superior Court Judge Robert Hess claimed Cyrus’ behaviour was “immature and childish”, but admitted he had “grave doubts” Kim would be able to prove her contention that the singer is a “business establishment” and therefore obliged not to act in such a manner publicly.

Kim lost her bid for compensation from the 17 year old on Friday morning when Hess dismissed the case altogether.

She is considering appealing the ruling, reports TMZ.com.

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