There are so many twists, stops, near deaths, turns and rebirths to this case that someone has to make a MOW of it eventually. Whether or not Nicollette Sheridan will star in the production of her Desperate Housewives firing case is another matter. But what is certain today is that the actress has been given another chance at a new trial thanks to a 3-justice panel of the 2nd District Court of Appeal.
That potential new trial will stem from the unanimous opinion penned by Justice Thomas Willhite overturning the October 2013 ruling by Judge Michael Stern denying Sheridan another trial. A 2013 amendment to the California Labor Code altered the process so that “there is no requirement that an individual exhaust administrative remedies or proceedures.”
After a few flip flops of his own, the L.A. Superior Court judge found in favor of a motion by ABC/Touchstone TV that the case was dead because Sheridan hadn’t filed a complaint with the state’s Labor Commission within 6 months of the September 2008 incident where the actress claims DH EP/Creator Marc Cherry hit her on set. Sheridan was let go from the show in early 2009. Far from the ratings giant it was during its early years, the October 3, 2004 debuting Desperate Housewives ended its run on May 13, 2012 with no Sheridan. Though he took the stand in the first trial and may in the potential second one, Cherry was dismissed as a defendant in the original case in early 2012.
“Nicollette was pleased with the decision,” said her long time lawyer Mark Baute on Tuesday after the Appeal Court opinion was made public. The opinion allows Sheridan to file a new complaint of retaliation against ABC/Touchstone under the Golden State’s Labor Code. Baute expects Sheridan to be back in court with six months
“Disney does not settle, ever, which is one of the reasons I took the case,” he added today. “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.”
ABC/ Touchstone’s lawyer Adam Levin had no comment on the latest development.