Scharffe v. Perkins

How later courts describe this case

• holding that, under New York law, employment is at-will unless the duration of an employment contract is set forth explicitly
• reiterating that law of the case doctrine dictates a general practice of refusing to reopen issues in cases that have already been decided
• Affirming summary judgment for employer, Court rejected plaintiff appellant’s argument that an implied contractual limitation restricted employer’s right to discharge her at will.
• defining a willful act as a “deliberate and intentional act which necessarily leads to injury”
• affirming summary judgment for defendant because letters to plaintiff containing a reference to “permanent appointment," coupled with a statement that plaintiff would serve “at the pleasure of the supervisor," did not restrict employer’s right to terminate at will
• in medical malpractice situation, the court, following In re Franklin, infra, ruled that willful means a deliberate or intentional act that necessarily produces harm; malicious means without just cause or excuse