Legal Opinion
Phillips v. Audio Active Ltd.
Court of Appeals for the Second Circuit
Decided July 24, 2007No. Docket 05-7017-cvPublishedCited by 426 opinions
1Opinion of the Court
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 addressed by us 15 years ago: what is the effect of a forum selection clause on a complaint that asserts claims arising under the…
2Cases cited40 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- D.H. Blair & Co. v. GottdienerCourt of Appeals for the Second Circuit · 2006
35 more not listed; retrieve them via the Exa API.
3Cited by426 opinions
- Martinez v. Bloomberg LPCourt of Appeals for the Second Circuit · 2014
- Peter Weber v. Pact XPP Technologies, AGCourt of Appeals for the Fifth Circuit · 2016
- In Re McGraw-hill Global Educ. Holdings LLCCourt of Appeals for the Third Circuit · 2018
- Ina Collins v. Mary Kay IncCourt of Appeals for the Third Circuit · 2017
- Wong v. PartyGaming Ltd.Court of Appeals for the Sixth Circuit · 2009
421 more not listed; retrieve them via the Exa API.