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'Desperate Housewives' Retrial Date Vacated, Settlement Talks Ordered With New Judge

June 28, 2012

Vincent Howard has been closely following the latest news update on the highly publicized Hollywood, California wrongful termination lawsuit, filed by television actress Nicolette Sheridan, against the "Desperate Housewives" creator and executive producer Marc Cherry--who is being accused by Sheridan of killing off her television character after the actress complained that Cherry struck her while rehearsing a scene during the show's taping.

In the latest news surrounding the lawsuit, last week, Los Angeles Superior Court Judge Elizabeth Allen White vacated the retrial date that was set for September, and allegedly ordered both parties to enter settlement discussions with a different judge.

As Vincent Howard previously reported in Howard Law's Los Angeles employment attorneys blog, Sheridan originally sued ABC, Touchstone and Cherry for $20 million, for wrongful termination and retaliation when her character was written off the show after Sheridan complained about the alleged incident. The case ended in a mistrial in March, after the jury failed to reach a verdict in the deadlocked 8-4 decision, which was in favor of Sheridan's claim. A jury decision of at least 9-3 was necessary in order to achieve a final verdict. The retrial date was set for September 10, 2012.

On March 31, an appeals court reportedly issued a temporary stay, after ABC lawyers filed an appeal arguing that Sheridan did not have the right to file a wrongful termination lawsuit. ABC claims that Sheridan's removal from the television series was not wrongful termination, as her contract renewal option was not exercised.

Judge Allen White reportedly admitted to being confused by wording on a writ that was issued by the court of appeals--putting a temporary stay on the 'Desperate Housewives' retrial. The court of appeals reportedly stopped Sheridan from continuing with her wrongful termination lawsuit claim, but allowed her to amend the complaint and re-file under California Labor Code 6310 (b)--a state labor code protecting employees from termination or the threat of termination for filing complaints about safety in the workplace.

The attorneys from both sides were reportedly ordered by the judge to return on July 20th, and engage in settlement talks with Judge Helen Bendix.

In cities throughout Orange County, California, contact Vincent Howard and Howard Law's labor and employment lawyer group today, for your labor and employment workplace issues.

Nicollette Sheridan's 'Desperate Housewives' Retrial Date Vacated, Settlement Talks Ordered, The Wrap, June 22, 2012

Nicollette Sheridan's Lawyer Dispels Reports Desperate Housewives Retrial Was Called Off, E Online, June 2, 2012

Related Web Resources:

California Department of Industrial Relations, (DIR)

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