Actress Nicollette Sheridan got the green light this week to pursue a new trial against ABC, the network that she claims fired her from "Desperate Housewives" in 2009.
Sheridan, 50, filed a $20 million wrongful termination suit against ABC, Touchstone Studios, and "Housewives" creator Marc Cherry in 2010, but a jury couldn’t agree on whether the actress was fired in retaliation for complaining about Cherry allegedly hitting her in the head during a 2008 rehearsal.
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On appeal, a California court ruled that the trial judge should have issued a directed verdict in favor of the defendants because Sheridan wasn't fired per se; her contract simply wasn't renewed, according to The Hollywood Reporter.
The appellate court also instructed her to file her claim as a violation of the state's Labor Code.
Sheridan then tried to argue that Touchstone was to blame because the studio failed to investigate her claim that she was fired for complaining about unsafe working conditions. Judge Michael Stern told her she should have filed a case with California's Labor Commission within six months of the incident.
Now, Stern has approved Sheridan's lawyers' motion for a retrial but didn’t provide reasoning for his decision. According to The Reporter, the judge likely succumbed to her attorneys' argument that recent legal precedent doesn’t require a person to "exhaust administrative remedies before filing a labor claim."
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