Former Hearst interns can’t pursue class action, thanks to <em>Dukes</em>
Once again, the specter of Wal-Mart v. Dukes has stopped a class action in its tracks.
May 09, 2013 at 06:40 AM
2 minute read
The original version of this story was published on Law.com
Once again, the specter of Wal-Mart v. Dukes has stopped a class action in its tracks.
This time it's the unpaid intern train that's been stopped from a-rollin'. A slew of suits brought by unpaid interns at media companies and elsewhere has cropped up in the past couple of years, receiving a lot of attention from the press. One such suit was led by Xuedan Wang, a former intern at Harper's Bazaar magazine, who sued Hearst Corp., claiming that its internships violated the Fair Labor Standards Act as well as N.Y. state labor laws.
But on Wednesday, U.S. District Judge Harold Baer ruled that the case could not proceed as a class action, saying that the interns failed to meet the standard set by the Supreme Court in Dukes—they did not adequately show commonality and predominance. The interns worked for different magazines and performed different duties at those publications.
“To mix a metaphor, while half a loaf is better than none, plaintiffs' argument here just doesn't cut the mustard,” Baer wrote in his decision.
The story doesn't necessarily end here—interns can still pursue their claims individually. However, Thomson Reuters reports that since the interns only claim that they are entitled to minimum wage, the low payouts they are likely to receive if they win make the individual cases somewhat unattractive to plaintiffs' lawyers.
Read more about the travails of unpaid interns on InsideCounsel:
Externs who received credit can't sue for wages
Unpaid internships pose a litigation risk for employers
Unpaid Huffington Post bloggers lose appeals court bid
Hearst lawyers email former unpaid interns seeking stories of “valued opportunities”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAntitrust in Trump 2.0: Expect Gap Filling from State Attorneys General
6 minute readJohn Deere Annual Meeting Offers Peek Into DEI Strife That Looms for Companies Nationwide
7 minute readUp-and-Comer Scores First Legal Chief Post With Baltimore Orioles, the Team He Cheered for as Kid
Trending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250