The US Court of Appeals for the Tenth Circuit declined to adopt a bright-line rule of waiver of the right to arbitrate just because a party has filed a lawsuit. BOSC, Inc. v. Board of County Commissioners of the County of Bernalillo, 853 F.3d 1165 (10th Cir. 2017) (No. 16-2031). A county board sued its securities broker in state court, but refrained from serving process while it determined whether arbitration was available. The securities broker removed the case to federal court and moved to dismiss. After the motion to dismiss was fully briefed, but prior to the district court’s ruling, the board voluntarily dismissed the case and filed for arbitration. The district court granted the board’s motion to compel arbitration, and the appellate court affirmed. The Tenth Circuit rejected the broker’s argument that filing a lawsuit created a bright line rule of waiver of the right to arbitrate. Instead, the court held that waiver had not occurred, because the board had refrained from serving the broker and did not voluntarily submit its claims to a court for decision; instead, even though the board had initiated the lawsuit, the board attempted to prevent a court from deciding the claims while it determined whether arbitration was available.