According to TMZ.com, the 30-year-old screen beauty - who has two daughters, three-year-old Honor Marie and two-month-old Haven Garner, with her husband Cash Warren - is also seeking a percentage of the company's profits as well as the damages.
Since giving birth to Haven, Jessica has revealed she has adhered to a regimented 45 minutes a day exercise regime and has calorie-controlled meals delivered to her home
She previously said: "I have a hard time with portion control, so I have 1200 calorie meals delivered. But I also work out, so basically I'm starving - it sucks. I drink a lot of water ... I'm working out every day, even just for 45 minutes is good for my mental state.
"Getting dressed and actually doing it is the worst. It's hard to get motivated."
- BANG! Showbiz