Fat Joe and Remy Ma’s smash hit All The Way Up which features French Montana and Infrared is headed to court in a lawsuit by Eric Elliot (Fly Havana) who claims he is a struggling Miami-based hip-hop artist who co-created the track and was never compensated properly.

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According to docs obtained by TMZ, Elliott says Fat Joe cheated him out of credit and compensation. Elliott says he nagged Joe about getting a credit. That’s when  Fat Joe reportedly met up with Elliot at IHOP  to cut him a check for $5,000 and also promised him more money as the song gained more attention. Elliot also alleges he confronted French outside of DJ Khaled’s studio but was ignored.  All The Way Up sold 2 million copies and peaked at #27 on the Billboard Hot 100 list.

Elliot is suing for co-writing credit and other damages.