Marc Cherry Marc Cherry

Desperate Housewives Marc Cherry is no longer a defendant in Nicollette Sheridan's case against ABC and the series creator after a judge dropped the battery charge against him, according to

Sheridan sued Cherry and ABC, claiming that she was fired after she complained that he struck her on set. The battery charge was dropped Tuesday, with the judge stating that the claim did not meet the standard of proof for battery. However, the case against ABC Studios and ABC for wrongful termination will still continue.

Desperate Housewives' Marc Cherry: Yes, I did tap Nicollette Sheridan's head

"Obviously I am thrilled by the judge's decision, but I am going to withhold all comment until the case is resolved," Cherry told the site.

Sheridan's lawyer Mark Baute told reporters that the dismissal should not affect Sheridan's case against ABC and ABC Studios.