BOSC, Inc. v. Board of Cnty. Commissioners, 853 F.3d 1165 (10th Cir. Apr. 11, 2017)
Apr 11, 2017
After filing suit against BOSC in state court, the Board voluntarily dismissed the suit and sought to enforce an agreement to arbitrate. BOSC opposed, arguing the Board had waived its right to arbitrate by filing the suit. The Court held that the Board had not waived its right to arbitrate, because it was not improperly manipulating the judicial process, litigation had not proceeded too far, significant inefficiencies would not result, and neither party was prejudiced by the delay.