Nicollette Sheridan, a former star of the hit ABC show “Desperate Housewives” is seeking $6 million in punitive damages from the network for wrongful termination, and after deadlocking a jury last month, the suit will get a new trial.

Sheridan claims her character was killed off the show in 2008 after an on-set argument with Marc Cherry, during which Cherry hit her on the head. Cherry said he only tapped her while giving her direction during the episode; the battery charge against him was eventually dropped during the original trial, and ABC Entertainment president Steve McPherson testified that the decision to electrocute her character, “Edie”, came well before the date Sheridan said she was struck.

After two weeks of jury deliberation, things were leaning towards Sheridan’s favor, but the jury members couldn’t get the magic number 9 to agree on a decision. The judge has set the new trial’s date as September 10th, where she will seek lost pay from the network.