Supreme Court: If a Claim is Arbitrable, You Have to Arbitrate.

Parties resisting arbitration sometimes claim that compelling arbitration would result in “piecemeal” litigation because some claims are arbitrable and some are not.  The U.S. Supreme Court, however, has made it clear (again) that courts cannot refuse to compel arbitration merely because some claims are arbitrable and some are not.

In KPMG LLP v. Cocchi, the Court reiterated that “when a complaint contains both arbitrable and nonarbitrable claims, the [FAA] requires courts to ‘compel arbitration of pendent arbitrable claims…, even where the result would be the possibly inefficient maintenance of separate proceedings in different forums.'”  You can practically hear them sigh at having to keep saying this.  Notably, this applies in both state and federal courts, so the FAA is sort of like the 8th Rule of Fight Club:  “If a claim is arbitrable, you have to arbitrate.”

About Brian Jones

I represent clients in all aspects of business litigation, but focus my practice on complex litigation and arbitration matters concerning insurance and reinsurance, antitrust, class actions, securities, real estate disputes, and contract matters. I am the co-chair of the Bose McKinney & Evans Insurance Group. I was listed in the 2017 and 2016 "Best Lawyers in America" for Insurance Coverage and named a "Rising Star" in Insurance Coverage by Super Lawyers in Indiana in 2014. I was also named a "Rising Star" in Business Litigation by Super Lawyers in Indiana in 2013 and 2012, and a 2010 “Rising Star” in Business Litigation in Texas. I am a member of the State Bars of Indiana and Texas, the Defense Research Institute, a former member of the Pro Bono College of the State Bar of Texas, and I am licensed to practice before all state courts in Indiana and Texas, as well as all federal courts in Indiana, the Northern, Western, and Southern Districts of Texas, the Northern District of Illinois, and the United States Courts of Appeals for the Fifth, Seventh, and Eleventh Circuits. I received my bachelor’s degree, cum laude, in political science and my master’s degree in teaching from Trinity University, where I was elected to Phi Beta Kappa. I received my doctor of jurisprudence degree from the University of Texas School of Law, where I was the Director of Communications for the Legal Research Board and a member of the Phi Delta Phi Honor Society. Before attending law school, I taught high school geography, government and economics in San Antonio, Texas.
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