Birt v. Montgomery

How later courts describe this case

• holding that ADEA plaintiffs may not recover prejudgment interest if they recover liquidated damages
• emphasizing the lack of a motion for continuance in rejecting right to counsel of choice claim
• social security payments by employer included in court’s back pay award in age discrimination case
• “Essential to effective representation ... is the independent duty to investigate and prepare.”
• Age Discrimination'in Employment Act (ADEA) case applying FLSA provisions; court held prejudgment interest cannot be awarded if plaintiffs receive liquidated damages
• trial court erred in granting front pay "instead of" or "rather than" reinstatement
• 28 U.S.C. § 2254 proceeding in which state failed to respond to court’s order did not require default, notice should be provided to respondent before default