A wrongful termination case against ABC hit another snag after the California Supreme Court denied an appeal by actress Nicollette Sheridan.
The former ‘Desperate Housewives’ star initiated litigation two and a half years ago after her contract was not renewed. She sued ABC studios, Touchstone and the show creator for $20 million, claiming they retaliated against her after she reported that Marc Cherry hit her in the head during a set argument.
During the 2012 trial, a judge dismissed charges against Cherry and a jury failed to reach a verdict against ABC.
A court of appeals and the California Supreme Court have both directed Sheridan to refile her case under California’s Labor Code because she wasn’t fired, and is therefore not able to claim wrongful termination. Her contract expired after season five and she was not offered a new contract for season six.
Nicollette’s lawyer, Mark Baute, will likely refile the charges, per the high court’s recommendation, and try to prove that her exit from the show violated the state’s labor code. ABC, on the other hand, will attempt to have the case dismissed on procedural grounds.