Firm Secures One of the First Published Federal Appellate Decisions Addressing
COVID-19 Vaccine Policy Termination Claims
FOR IMMEDIATE RELEASE
Media Contact:
Chris Sisco
csisco@nfclegal.com
(973) 507- 7638 (direct)
Karen Korr
for Nukk-Freeman & Cerra
karen@fullkorrpress.com
(619) 944-0650 (cell)
Chatham, NJ — March 16, 2026 — Nukk-Freeman & Cerra, P.C. (NFC) is pleased to announce that the U.S. Court of Appeals for the Tenth Circuit has affirmed the dismissal of the appellant’s complaint in its entirety in favor of the firm’s client. The decision was issued as a published opinion, underscoring its precedential value and broader significance.
The appellate victory was secured by attorneys Ryan S. Carlson, Iman A. Wells and Zachary E. Brower, with critical support from paralegal, Mehgan Heintz, who assisted in navigating complex and evolving legal issues arising from COVID-19 workplace policies. The NFC Team also received outstanding support from local counsel, Faith K. Reyes, who worked alongside NFC throughout the litigation and appeal.
Notably, the Tenth Circuit’s opinion is among the first published federal circuit court decisions addressing wrongful discharge claims stemming from an employee’s failure to comply with a company-wide COVID-19 vaccination policy. As a published opinion, the ruling provides meaningful guidance to employers, practitioners, and courts navigating similar claims nationwide.
In addition to addressing substantive wrongful discharge arguments, the opinion examines distinctive procedural issues involving the interplay between motions to amend filed before and after dismissal. The court’s analysis clarifies important standards governing amendment practice in federal litigation, further enhancing the decision’s value beyond the immediate context of pandemic-related employment disputes.
“This decision reflects not only a complete affirmance of the district court’s dismissal, but also the Court of Appeals’ recognition that the legal issues warranted precedential treatment,” said Kerrie R. Heslin, Managing Partner. “We are proud of the team’s strategic and disciplined advocacy in securing a result that provides clarity in an area of law that has generated significant litigation across the country.”
The firm continues to counsel employers on workplace policy development, litigation strategy, and compliance in the wake of COVID-19 and other evolving regulatory and employment law challenges.
About Nukk-Freeman & Cerra, P.C.
Recognized as a top employment law firm with nearly 50 attorneys on both the East and West coast, NFC provides a progressive, creative and forward-thinking approach to the practice of management-side employment law. Staffed with highly experienced employment attorneys and a robust support team, we deliver superior work product and incomparable client service. NFC attorneys have litigated thousands of cases and handled appeals at all levels in state and federal courts and before administrative agencies. Our substantive knowledge encompasses all areas of employment and benefits law. In addition, NFC has an entire team dedicated to designing and delivering hundreds of distinctive and sophisticated employment law training. We work vigorously to counsel our clients on the most effective preventative measures. NFC is currently recruiting talented attorneys at various levels for our growing West Coast office. Learn more about NFC and career opportunities with the firm at https://nfclegal.com/.
###