Nicolette Sheridan has another chance for a Desperate Housewives 'firing' trial after Court Of Appeal rules she can file new complaint 

By Mike Larkin For Dailymail.com

Published: 01:19 EST, 21 October 2015 | Updated: 03:04 EST, 21 October 2015

Second chance: Former Desperate Housewives star Nicolette Sheridan can file another complaint about how she left the show the 2nd District Court of Appeal ruled Tuesday

Second chance: Former Desperate Housewives star Nicolette Sheridan can file another complaint about how she left the show the 2nd District Court of Appeal ruled Tuesday

It is the legal case that has had more twists and turns than a spaghetti junction.

And former Desperate Housewives star Nicolette Sheridan could get another chance at suing her former employers after a three justice panel of the 2nd District Court of Appeal ruled she can file another complaint over how she left the show.

The 51-year-old actress had previously sued Disney-owned ABC/Touchstone and the show’s creator Marc Cherry in April 2010, alleging she lost her $4m-a-year role on the show in retaliation after she complained the showrunner had hit her on the head.

In 2012 a jury deadlocked 8-4 in favor of Sheridan in a lawsuit heard against just Touchstone.

Superior Court Judge Michael Stern then decided in October 2013 her case was void as she had failed to file a complaint with the California Labor Commission within six months of the alleged September 2008 incident taking place.

According to Deadline, the Court Of Appeal, in a unanimous opinion penned by Justice Thomas Willhite, decided a 2013 amendment to the state's Labor Code changed the process so 'there is no requirement that an individual exhaust administrative remedies or procedures.'

The actress can now file a new complaint of retaliation against ABC/Touchstone under the code.

Miss Sheridan's lawyer Mark Baute expects his client to be back in court within the next six months.

He said: “Simple case. Nicollette complained to management about a physically abusive show creator, and she was summarily fired by being written out of the script a matter of weeks after a sham "investigation" by Disney.

'The first jury was hung 8 to 4 in our favor. There are no surprises left, and the show is now in syndication. We look forward to our second trial.'

Cherry picking a fight? Nicolette claims she was unfairly fired for alleging Marc hit her on the head
Cherry picking a fight? Nicolette claims she was unfairly fired for alleging Marc hit her on the head

Cherry picking a fight? Nicolette claims she was unfairly fired for alleging Marc hit her on the head

Miss Sheridan claimed Mr Cherry gave her a violent slap during a argument on the set in September 2008, but in court he said he had just given her ‘a light tap on the head’ while giving direction for a scene.

Disney-owned ABC denied it fired the actress or retaliated against her. Mr Cherry and several executives with the show and the company previously testified that the decision to kill off the role was made before the incident.

Miss Sheridan left the show in early 2009 and the programme came off the air just three years later after an eight year run. 

Following the original trial, a California appeals court said the trial judge should have issued a directed verdict in favour of the defendants. 

Written out: Sheridan's character Edie Britt was killed off in 2009 when her character was electrocuted following a car crash

Written out: Sheridan's character Edie Britt was killed off in 2009 when her character was electrocuted following a car crash

It said this was on the basis it was not a strict termination, but rather her contract was not renewed after the fifth season.

It was also suggested she should file her case under California's Labour Code.

When she tried to do this her claim was late, which is what led Judge Stern deciding not to hear the case without ruling on its merits.

Leading ladies: Nicolette with the rest of the saucy cast of Desperate Housewives

Leading ladies: Nicolette with the rest of the saucy cast of Desperate Housewives

  

 

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