Dan Mancinelli v. International Business MacHines Corporation

87 F.3d 1320 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dan MANCINELLI, Plaintiff-Appellee, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellant. No. 94-15770. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 13, 1996. Decided June 13, 1996. Memorandum Withdrawn Pursuant to Parties' Joint Motion for Dismissal September 5, 1996. For Superseding Decision, see 1996 WL 501112 . Before: THOMPSON, KLEINFELD and TASHIMA, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff-appellee Dan Mancinelli sued his longtime employer, defendant-appellant International Business Machines Corporation ("IBM") for constructive discharge in breach of an oral contract and the covenant of good faith and fair dealing. IBM appeals a jury verdict in favor of Mancinelli on the ground that New York law governed the suit, and therefore Mancinelli was an at-will employee who could be fired for any reason. Alternatively, IBM argues that Mancinelli did not make out his…