202333P.pdf   04/14/2022  John Gruttemeyer  v.  Transit Authority
   U.S. Court of Appeals Case No:  20-2333
                          and No:  20-3576
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Kelly, Author, with Benton and Erickson, Circuit Judges] 
   Civil case - Americans with Disabilities Act. Because the challenged 
   witness only testified as a treating practitioner, the district court did 
   not abuse its discretion in admitting her testimony without expert 
   disclosure; the district court did not abuse its discretion in denying 
   defendant's objection to admitting the testimony based on plaintiff's 
   counsel's mistake in identifying the witness's professional credentials 
   prior to her deposition; defendant was on notice of plaintiff's 
   interrelated diagnoses, and the district court did not err in admitting 
   evidence plaintiff suffered from a major depressive order when plaintiff 
   only pleaded he suffered bipolar disorder in his complaint; the district 
   court did not err in denying defendant's motion for judgment as a matter 
   of law or a new trial on plaintiff's ADA claims or his ADEA retaliation 
   claim as the jury's verdict on the claims was supported by the evidence; 
   the district court did not err in awarding attorney's fees or in 
   determining the amount of the fees.