The saucy "Desperate Housewives" neighbor, Edie Britt, played by Nicollette Sheridan, was terminated in the 5th season of the show.
Sheridan is suing ABC, Touchstone and its creator, Marc Cherry, for $20 million dollars for wrongful termination. The case originally went to court in April 2010 but the jury was deadlocked, 8-4 in favor of Sheridan, but she needed nine yes votes to win.
Sheridan is 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.
A Los Angeles Superior Court judge on Wednesday surprisingly reversed the earlier decision, making way for actress Nicollette Sheridan to face off with ABC in a new trial over her being fired from "Desperate Housewives".
Sheridan appealed but a California appellate court sided with ABC's studio, saying trial judge Elizabeth Allen White should have issued a directed verdict in favor of ABC because Sheridan hadn't been fired, but that her contract just hadn't been renewed.
Sheridan then filed a claim that her contract was not renewed because of her complaints of unsafe working conditions. They dropped her unfairly and that Marc Cherry hit her on the side of the head during a rehearsal, deliberately.
But Judge Michael Stern ruled that she should have filed an administrative complaint with the California Labor Commission within six months of the incident, and it took place in 2009, leaving her without an option.
Sheridan's lawyers argued that she was not required to exhaust administrative remedies before filing suit but the judge rejected the arguments. At a hearing on Wednesday, Stern overturned that ruling, allowing Sheridan to seek a new trial. The judge didn't explain his ruling.
Touchstone's lawyer Adam Levin told the court he plans to appeal. A hearing is scheduled for April 30.
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