Cannice v. Norwest Bank Iowa N. A‪.‬

Appeals from the United States District Court for the Southern District of Iowa. Submitted: March 11, 1999 A jury awarded damages to Peter Cannice, who suffers from depression, on his claims for harassment and discrimination under the Americans with Disabilities Act of 1990 (ADA), see 42 U.S.C. §§ 12101-12213. Norwest appeals from the trial court's denial of its motion for judgment as a matter of law on the harassment claim, from the inclusion of front pay in the damages awarded to Mr. Cannice, and from the award of attorney's fees and costs to him. (Although there are two defendants, for the sake of simplicity we treat them as one entity in this opinion.) Mr. Cannice cross-appeals from the trial court's grant of judgment as a matter of law to Norwest on the discrimination claim and on the extent of the damages to which he was entitled. We hold that there was insufficient evidence to submit either of Mr. Cannice's claims to the jury and that, as a result, the issues of damages, attorney's fees, and costs are moot; we also remand the case.