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Arbitration of some claims

KPMG LLP v. Cocchi

Updated Oct 18, 2026

In brief

The Supreme Court sent the case back for the Florida appeals court to reconsider which remaining claims might qualify for arbitration.

Where it stands
Decided

Decided 9-0 · November 7, 2011 · Per curiam

What it’s about
Investors sued KPMG over alleged accounting problems, and KPMG asked the court to send their claims to arbitration. The Supreme Court wiped out the Florida appeals court’s judgment and sent the case back to that court (vacated and remanded).
Who it affects
The Florida appeals court must consider whether the investors’ remaining claims qualify for arbitration.

Summary: written with AI from the case record.

Illustration for KPMG LLP v. Robert Cocchi
Conceptual illustration · AI-generated

What it's about

The dispute concerns whether some claims in a lawsuit can go to arbitration while other claims stay in court.

Question presented

Does a court have a duty under the Federal Arbitration Act (FAA) to compel arbitration of a complaint where some claims are not arbitrable?

What the Court decided

Holding

The judgment of the Court of Appeal is vacated, and the case is remanded.

Result
Vacated

The Court's reasoning

The Court said the Federal Arbitration Act requires courts to send claims that qualify for arbitration to arbitration, even if other claims do not. It said the Florida appeals court had not examined the investors’ remaining claims that might qualify.

The vote

  • Joined the judgment
Majority · 9joined the Court's opinion
  1. Breyer
  2. Kagan
  3. Thomas
  4. Scalia
  5. Kennedy
  6. Ginsburg
  7. Sotomayor
  8. Roberts
  9. Alito
9 justices joined the judgment.

What's next

The case returns to Florida’s Fourth District Court of Appeal for further proceedings.

Documents

1

Docket activity

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  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

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    Oct 18, 2026 · Court records

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    Oct 18, 2026 · Court records

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  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Case data updated: term, title, status, lower_court, opinion_date

    Oct 17, 2026 · Court records

  • Opinion added: Cocchi

    Nov 7, 2011 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis