Supreme Court Decision Alert - November 7, 2011

Originally published on November 7, 2011

Keywords: federal arbitration act, multiple claims, nonarbitrable claims

Federal Arbitration Act - Disputes Involving Both Arbitrable And Nonarbitrable Claims

KPMG LLP v. Cocchi, No. 10-1521

In a per curiam summary decision, issued without merits briefing or oral argument, the Supreme Court reaffirmed today in KPMG LLP v. Cocchi, No. 10-1521, that, when "a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation." Slip op. 1.

The respondents, plaintiffs below, brought claims against several investment partnerships and KPMG (which had audited one of the partnerships), alleging a scheme to defraud investors. KPMG moved to compel arbitration, invoking the arbitration provision in its audit services agreement with the investment partnerships it audited. The Florida trial court denied the motion, and the Florida Court of Appeal