Doesn’t look like Nicollette Sheridan is going back to court to take on ABC again anytime soon. In a curt one-page ruling dated September 7, the California 2nd District Court of Appeal issued an order denying the former Desperate Housewives star’s petition for a rehearing of her wrongful termination suit against ABC and Touchstone Television. This comes almost a month after a three-judge appeals court panel rejected Sheridan’s claim of being wrongfully fired from the ABC show back in early 2009. That decision made last week’s order almost a given. However, all is likely not over for Sheridan and ABC. The judges in August said that the actress could continue with an amended claim that she was retaliated against after complaining that Housewives executive producer and creator Marc Cherry hit her in the head during a September 2008 argument on-set. In that case, Sheridan’s damages would be limited to loss of wages and benefits, a far cry from the $20 million suit she originally filed in April 2010. Cherry has always contended that the incident was merely a “tap” and no effort was made to punish Sheridan because she complained about the incident to ABC executives. He also contended in the trial this spring over Sheridan’s case that her being let go from Housewives was a long planned event that had the approval of various company executives. After weeks of testimony, that saw Cherry, Sheridan, former ABC Entertainment President Steve McPherson and former ABC Studios boss Mark Pedowitz, among others, on the stand, the jury became deadlocked on the matter and the case was declared a mistrial on March 19. A hearing on a retrial was scheduled for September 10 but then taken off the calendar in June when Touchstone sought a ruling through the Appeals Court on its contention that it is not wrongful termination under state law when a contract renewal is not exercised. Sheridan’s lawyers have previously pledged to continue the case under other Labor law sections.
Desperate Housewives ended its eight-season span on May 13 with no mention of Sheridan’s Edie Britt character. Adam Levin of Mitchell Silberberg & Knupp, is representing ABC Studios/Touchstone and ABC Entertainment. Sheridan is represented by Mark Baute of Baute Crochetiere & Maloney.
Deadline's Dominic Patten - tip him here.