Think Before You Remove: Waiver of Exhaustion Argument in Regulatory Takings

The Sixth Circuit issued an opinion late last week that should give a municipality pause before it removes a regulatory takings case to federal court. Siding with the Second and Fourth Circuits, the Court held that by removing a regulatory takings case to federal court, the municipality waived its right to argue that the plaintiff failed

Reasonable Minds Can Differ: Employees Who Pose a “Direct Threat”

The Americans With Disabilities Act (ADA) prohibits employers from discriminating against any “qualified individual on the basis of a disability.” But a person is not a “qualified individual” under the ADA if he or she “poses a ‘direct threat’ to the health or safety of others which cannot be eliminated by a reasonable accommodation.” A