PHILLIPS v. AUDIO ACTIVE LTD.

Docket No. 05-7017-cv.

494 F.3d 378 (2007)

Peter PHILLIPS, professionally known as Pete Rock, Plaintiff-Appellant, v. AUDIO ACTIVE LIMITED, trading as Barely Breaking Even, Studio Distribution and Sandbox Automatic, Inc., Defendants-Appellees, HipHopSite.com, Defendant.

United States Court of Appeals, Second Circuit.

Decided July 24, 2007.


Attorney(s) appearing for the Case

Paul A. Chin, Law Offices of Paul A. Chin, New York, NY, for Plaintiff-Appellant.

Dorothy M. Weber, New York, NY, (Judith A. Meyers, Shukat Arrow Hafer Weber & Herbsman, LLP, New York, NY, of counsel), for Defendants-Appellees.

Before: CARDAMONE, WALKER, and STRAUB, Circuit Judges.


CARDAMONE, Circuit Judge:

A plaintiff may think that as the initiator of a lawsuit he is the lord and master of where the litigation will be tried and under what law. But if he is a party to a contract that contains forum selection and choice of law clauses his view of himself as ruler of all he surveys may, like an inflated balloon, suffer considerable loss of altitude. Such is the situation plaintiff faces in the appeal before us, where we revisit an issue last...

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