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A California court of appeal has denied a request by actress Nicollette Sheridan for a rehearing after her key claims against Desperate Housewives studio ABC/Touchstone were tossed last month.
In August, California’s second appellate district court ruled that Sheridan was not unlawfully terminated when she was killed off the hit ABC series at the end of season 5. Sheridan’s wrongful-termination claim was disallowed but she was told she can refile her case to allege a violation of the state’s Labor Code.
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Sheridan’s legal team then asked for a rehearing but in a short ruling dated Sept. 7, the appeals court has denied the request. The decision was expected.
Sheridan sued producers ABC Studios, Touchstone and Housewives creator Marc Cherry in April 2010 claiming she was fired in retaliation for complaining about being hit in the head by Cherry during an argument on the set. Cherry later was dismissed from the suit and a jury earlier this year failed to reach a verdict in a high-profile Los Angeles Superior Court trial against ABC/Touchstone. Then, as a second trial was being planned, the state’s court of appeal ruled that the trial judge should have issued a directed verdict for ABC/Touchstone because Sheridan wasn’t fired, her contract simply was not renewed between seasons 5 and 6 of the show.
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ABC lawyer Adam Levin declined to comment on the latest ruling. We’ve reached out to Sheridan’s attorney Mark Baute for comment.
Baute previously told THR that Sheridan plans to refile her case as a labor claim, consistent with what the appeals court said is allowed. Baute could also appeal to the state’s supreme court.
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