Court favors Abercrombie in Okla. suit over hijab

A federal appeals court has dismissed claims by an Oklahoma woman who says she wasn't hired by Abercrombie & Fitch because her headscarf conflicted with the retailer's dress code, which has since been changed.

A federal judge initially sided with the Equal Employment Opportunity Commission, which filed the lawsuit on behalf of Samantha Elauf. The EEOC alleged that Elauf wasn't hired in 2008 at an Abercrombie store in Tulsa's Woodland Hills Mall because her hijab violated the clothing retailer's "Look Policy."

The 10th U.S. Circuit Court of Appeals reversed that decision Tuesday. The court said Elauf never told Abercrombie she needed a religious accommodation, even though she was wearing the headscarf during her interview.

The Ohio-based company changed its policy three years ago. It recently settled similar lawsuits in California.

Judge says Episcopal issues belong in state court

U.S. District Judge C. Weston Houck has ruled for the second time in recent months that legal issues arising from the Episcopal schism in eastern South Carolina belong in state court, not federal court.
Houck dismissed a federal lawsuit late Friday brought by Bishop Charles vonRosenberg, the bishop of parishes remaining with the national Episcopal Church.
The bishop had asked Houck to block Bishop Mark Lawrence, the spiritual head of churches that left the national church, from using the name and symbols of the Episcopal Diocese of South Carolina.
But Houck ruled the issues "are more appropriately before, and will more comprehensively be resolved, in South Carolina state court."
Lawrence and churches in the conservative diocese separated from the more liberal national church last year. Those parishes later sued in state court to protect their use of the diocesan name and symbols and title to a half billion dollars in church property.
In a consent order agreed to by both sides and signed by a state judge earlier this year, Lawrence and those parishes were given the right to use the name and symbols.
Parishes remaining with the national church later tried to move that case to federal court, but Houck ruled in June that doing so would disrupt the balance between state and federal courts.

Court asked to safeguard NM mental health audit

The attorney general's office says an agreement has been reached for State Auditor Hector Balderas to have access to an audit that identified potential overbillings and fraud by behavioral health providers.

Chief Deputy Attorney General Al Lama said Thursday a state district judge in Santa Fe has been asked to issue an order making clear the audit report will be protected from public disclosure once it's provided to Balderas.

The auditor and Human Services Department support the request.

Balderas said his office needs the information in auditing the department's finances. He obtained a subpoena to try to force the department to provide him with the audit done for the agency.

Lama said public disclosure of the audit could jeopardize the attorney general's investigation of allegations against the behavioral health providers.

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Judge OKs class-action settlement over Skechers

A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.
U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.
Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.
Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.
Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.

The symposium at the Charleston School of Law was sponsored by the Charleston Law Review and the Riley Institute at Furman University.

O'Connor's endorsement test proposed that a government action can violate the First Amendment's separation of church and state if a reasonable observer sees that action as either endorsing or disapproving religion. But O'Connor, who is 83 and who retired from the court in 2006, said that there is no grand unified theory for applying to such cases. Over the years the Supreme Court has made seemingly contradictory decisions.

Lawyer: Murtha-linked Pa. brothers to plead guilty

Two brothers who owned defense contracting businesses that benefited from earmarks obtained by the late U.S. Rep. John Murtha will plead guilty to charging the military $650,000 for parts that were never delivered and paying a kickback to another contractor, a defense attorney said.
Ronald and William Kuchera will waive their right to be indicted and plead guilty to charges filed late last week by federal prosecutors, said Ronald Kuchera's lawyer, Stanton Levenson. They're waiting only for U.S. Judge Kim Gibson in Johnstown to set a court date, Levenson said.
Murtha, the powerful Democrat who chaired the House Defense appropriations subcommittee, isn't mentioned in the twin four-page criminal informations charging the Kucheras with major fraud against the federal government and conspiracy via two companies they owned, Kuchera Defense Systems Inc. and Kuchera Industries Inc., of Windber.
But another businessman and his company previously linked to the late congressman in a lobbying-for-earmarks scheme are mentioned: Richard Ianieri and Coherent Systems International Inc.