Nicollette Sheridan will get a new trial in her wrongful termination case against Desperate Housewives, according to The Hollywood Reporter.
Sheridan originally sued ABC, Touchstone Television and show creator Marc Cherry for $20 million in April 2010, claiming she was unfairly fired for complaining about Cherry hitting her in the head during a September 2008 argument. In March 2012, a judge declared a mistrial when the jury couldn't reach a verdict and remained suck at 8-4 in Sheridan's favor.
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An appeals court ruled in August 2012 that Sheridan was not fired, but rather the studio and network decided not to renew her contract. Sheridan then went after Touchstone for retaliating against her work condition complaints, but Los Angeles Superior Court Judge Michael Stern ruled that she should have filed a complaint to the California Labor Commissioner within six months of the alleged incident before filing a labor lawsuit.
The basis for the issue of the new trial is not yet clear, but according to The Hollywood Reporter, Sheridan's lawyers filed papers last week with recent rulings proving that Sheridan was not required to exhaust administrative remedies by filing with the Labor Commissioner before filing a labor lawsuit.
A lawyer for Touchstone told The Hollywood Reporter that the company will be appealing.
A status conference has been scheduled for April.