A plaintiff’s failure to timely assert its contractual right to arbitration resulted in its waiving that right.  Joca-Roca Real Estate LLC v. Brennan, 772 F.3d 945 (1st Cir. 2014) (No. 14-1353).  The plaintiff commenced a lawsuit, vigorously prosecuted it, and attempted after months of litigation to pursue arbitration.  The First Circuit held that the plaintiff’s conduct waived its right to arbitrate.  The court found that the defendant had been prejudiced by plaintiff’s conduct, including that defendant had incurred substantial fees in litigation and faced postponement of resolution of the underlying controversy if plaintiff was permitted to start over in a new forum.