Brooks v. Hilton Casinos Inc.

BOOCHEVER, Circuit Judge,

concurring and dissenting Nos. 90-15424, 90-15460 and 90-15623

The principal issue presented by this appeal is whether there was sufficient evidence to present a jury question regarding an implied contract of employment between the Las Vegas Hilton and its 37 fired employees. Because it misconstrues Nevada law in resolving this issue, the majority dismisses categorically several types of evidence which the jury properly considered. The majority also mischaracterizes the evidence consisting of Hilton’s numerous assurances to plaintiffs that they would be terminated only…