Nicollette Sheridan Takes the Stand in "Desperate Housewives" Trial
3/1/2012
by Alex Ben Block


Former "Desperate Housewives" actress Nicollette Sheridan has taken the witness stand in the trial over her claim that she was fired by ABC after complaining about being hit by series creator Marc Cherry.

"That was embarrassing," Sheridan said in Los Angeles Superior Court after a jury had been shown a montage of clips of her sexiest scenes from the hit ABC dramedy.





After describing her character as "sexy, overt, audacious," she looked at the jury of eight women and four men and began her testimony by describing her original audition for a guest role and how she became a regular.

She said after season one, producers doubled her salary and gave her a $125,000 bonus.





Sheridan continued testifying that she received raises in a new contract (in the third year she got $125,000 per episode and in the fourth year she would get $150,000, then $175,000 in fifth year and $200,000 for the sixth year and $250,000 for seventh episode).

At end of season three, Cherry allegedly told Sheridan that the show would end with Sheridan's character hanging in a noose but that she would "definitely" be back, and she was.

That made her firing during the show's fifth season suspicious, she claims.





Sheridan testified that she had no indication Cherry would write her off the show.

At the beginning of season 5 the studio had picked up her option for another year, given her another raise in salary and she had been fully vested as a profit participant in the entire run of the series. At a meeting in August she said Cherry told her "he was very happy with my work in season 5 so far," she testified.





The fight that soured Sheridan's relationship with Cherry started with an episode she originally wasn't going to be in, she testified.

However, because the table-read for that episode was being taped for bonus material for the DVD release, a few lines were added for her. When Sheridan read her lines at the table read, they got a laugh, she said. So she was surprised and unhappy when in a revised script her dialgue was changed.











Her appearance marked the beginning of testimony in the trial, which is expected to last about two weeks. At the heart of the case is Sheridan’s contention that she was wrongly terminated from the ABC series by producer-writer Marc Cherry after she complained that he had lost his temper and hit her on the side of the head.

In opening arguments on Wednesday, Sheridan’s attorney Mark Baute said that Cherry had smacked his client on the side of the head “hard.” Cherry's lawyer Adam Levin described the incident in his opening statement as “a light tap on the head,” which was simply meant to demonstrate "a piece of physical humor" from the scene.





Jurors will be asked to determine if Cherry committed battery on Sept. 24, 2008, during that rehearsal and whether his decision to terminate her from the show several months and 11 episodes later was retaliation for her complaints against him.

Much of the case will hang on whether Cherry in fact decided in May 2008 that Sheridan’s character was to die. That was four months before he struck Sheridan. ABC is a defendant in the suit because it approved Cherry’s plan to kill off the character at the end of the season.





Two of the show’s former writers are expected to testify for Sheridan that they never heard Cherry say he would kill off the character in advance of the incident. Another network executive will testify that it is unusual to kill off a lead character like the one Sheridan played.

Cherry’s side will say that Sheridan’s character was originally only supposed to be in the pilot episode, but they later decided to make her a "blond bombshell who would have sex with the husbands of all of the housewives."

Cherry will say that after five seasons, according to his lawyer, the "writers could only do so much with the character," because there were only so many husbands for her to sleep with.





Sheridan’s lawyer will point out that the network and producers picked up Sheridan's option for a new season, guaranteeing her $4 million for the year, only two weeks after they claim they decided to eliminate her character from the show.

Among those expected to testify on Cherry’s behalf are Sheridan's fellow actors Eva Longoria, Marcia Cross, James Denton, Felicity Huffman and Neal McDonough, among others.





As part of ABC's case, jurors will be shown an index card created at a writer's meeting in May 2008 that reads "Steve drinks OJ," which was code for the plan to have Sheridan's husband cause her death. Levin said it was a reference to O.J. Simpson.

In earlier rulings, the judge limited how much Sheridan can win to a little more than $4 million, which represents her salary for one season. She had been seeking millions more to cover all the seasons she would have been on the show if she remained.

Sheridan’s testimony in her wrongful termination lawsuit is continuing Thursday in Los Angeles Superior Court.

http://www.hollywoodreporter.com/thr-esq/nicollette-sheridan-desperate-housewives-trial-296347

"Desperate Housewives" Trial: Nicollette Sheridan Grilled in Heated Cross-Examination
3/2/2012
by Alex Ben Block


Nicollette Sheridan was shaken several times during her testimony Friday in the trial over the actress' 2009 firing from "Desperate Housewives", with lead defense attorney Adam Levin hammering at item after item where her recollections appeared to deviate from what she said earlier in depositions and on the stand Thursday.

Levin noted that in her sworn statement to a California agency, she had described her being struck by "Housewives" producer Marc Cherry as a "slap," while in court she said had been "hit" and had defined a slap as different than a hit.

“I feel you are misconstruing what was done to me,” said a frustrated Sheridan, raising her voice several times to an angry tone. When pressed on her previous statement, Sheridan said, “I didn’t fill out this document,” referring to the state filing. “My lawyer wrote that.”

When asked to confirm that she had read the document and signed it, Sheridan said yes but said she “didn’t notice” the difference in how the incident was described at that time.







Under questioning, Sheridan also admitted she had an ongoing frustration with Cherry for not giving her funny lines on the show. She said she felt that Edie Britt, her character, should have something funny to say most of the time.

Sheridan also said that in her discussions with "Housewives" writers, they told her that when they came up with funny lines for Edie, Cherry often told them not to use those lines.

“It was an ongoing frustration for them,” said Sheridan.

Later in the day, Sheridan said she felt Cherry “didn’t give Edie the time and attention she deserved.”







Sheridan is the first witness in her multimillion-dollar wrongful-termination lawsuit against Cherry and ABC. Sheridan claims she was fired during the show's fifth season in retaliation for complaining about being hit by Cherry on the set of the long-running dramedy.

In response to other questioning, Sheridan admitted that she had been grateful to Cherry when, in the early days of "Housewives", he had helped her get close to pay parity with the show's other female stars.

She previously had testified that she had been unhappy that other actresses made more money than she did, even though she had an equal role, got as much publicity and was just as featured. She said eventually Cherry did help her “close the gap,” though she still did not make as much as the other lead actresses.







Levin then asked questions to show that Sheridan’s picture does not appear in the opening credits with the other actresses. He also brought out that, in 2005, when several of the others were nominated for Golden Globes and Emmys, it was for best actress; Sheridan was nominated by the Globes as best supporting actress.

He also brought out that after she was struck by Cherry, Sheridan had gone off to lunch in Beverly Hills with a friend, had not contacted ABC human resources and had not called the police to report the incident.



Sheridan testified that she did make calls to others and the next day spoke to another producer on the show. When the producer asked how he could help, she said she wanted Cherry to apologize again and to send her flowers. The producer called back later to say Cherry felt he had already apologized right after the incident and would not do anything else.

Levin, who often looked at the jury instead of Sheridan, was criticized by the actress at one point. “You keep looking at the jury," she said. " I feel like you are asking them the question.Levin then asked questions to show that Sheridan’s picture does not appear in the opening credits with the other actresses. He also brought out that, in 2005, when several of the others were nominated for Golden Globes and Emmys, it was for best actress; Sheridan was nominated by the Globes as best supporting actress.

He also brought out that after she was struck by Cherry, Sheridan had gone off to lunch in Beverly Hills with a friend, had not contacted ABC human resources and had not called the police to report the incident.

Sheridan testified that she did make calls to others and the next day spoke to another producer on the show. When the producer asked how he could help, she said she wanted Cherry to apologize again and to send her flowers. The producer called back later to say Cherry felt he had already apologized right after the incident and would not do anything else.

Levin, who often looked at the jury instead of Sheridan, was criticized by the actress at one point. “You keep looking at the jury,” she said. “I feel like you are asking them the question.”

After that Levin did look more directly at her.







Near the end of Friday's session, Levin listed all of the many actors who had come and gone on the show and noted those who had died as part of the plot. Levin brought out that Sheridan had said at a press conference in July 2008 that “Marc tried to kill off Edie Britt every year.”

When asked about that, Sheridan said she meant that was a trick used on the show. She said it seemed as if Cherry ended every season with a tease about a character and whether they would live or die.

“It was a consistent dangle into the next season,” Sheridan said.





The day concluded with the showing of a seven-minute video montage of every "Housewives" character who was killed off, which amounted to roughly 43 actors.

Other witnesses expected to testify are Sheridan's former co-stars Eva Longoria, Felicity Huffman, Marcia Cross and Teri Hatcher, as well as various ABC executives and Cherry.

http://www.hollywoodreporter.com/thr-esq/desperate-housewives-nicollette-sheridan-trial-marc-cherry-296553

"Desperate Housewives'" Marc Cherry: Yes, I Did Tap Nicollette Sheridan's Head
Mar 5, 2012
by Natalie Abrams


"Desperate Housewives" creator Marc Cherry admitted that he did "tap" Nicollette Sheridan on the head, but that's a far cry from what the former Wisteria Lane dweller has claimed.

Sheridan is suing Cherry, claiming that he fired her because she complained that he attacked her on set. But the actress was grilled on Friday by Cherry's attorney about the inconsistencies in her previous testimony, which alleged he either "slapped" or "hit" her.

"I tapped her head, yes," Cherry said in court Monday, according to Deadline.





As for the plans to kill off her character Edie Britt, Cherry had previously claimed that he initially told former ABC Studios President Mark Pedowitz about his decision in May 2008 — four months prior to the incident on set.

During Monday's testimony, Cherry said he couldn't recall details about the conversation other than Pedowitz gave him the go-ahead.





Cherry said there are no email records of the decision because it was an in-person discussion, noting that former ABC Entertainment President Stephen McPherson later agreed with the decision.

Cherry also noted that killing off Edie Britt was based on "cost-cutting," "creative desires" to improve the series, and Sheridan's "unprofessional behavior" on set.

"It wasn't the primary reason for my decision, but it was something I was aware of," Cherry said in court. "It was on my mind."

http://www.tvguide.com/News/Desperate-Housewives-Marc-Cherry-Nicollette-Sheridan-Trial-1044494.aspx

Nicollette Sheridan Lawsuit Ends in a Mistrial
Mar 19, 2012
by Robyn Ross


A judge has declared a mistrial in former "Desperate Housewives" star Nicollette Sheridan's wrongful termination suit against ABC Studios and ABC Entertainment, according to Deadline.

Judge Elizabeth Allen White announced her decision on Monday after the 12-person jury returned to court unable to reach a decision. Last week, the jury told the judge it was deadlocked in an 8-4 decision.

On Monday, the jury foreman indicated the split was in Sheridan's favor, according to Deadline. Lawyers for both sides of the case say they plan to seek a new trial.





Sheridan claims she was wrongfully fired from "Desperate Housewives" after she claimed that creator Marc Cherry hit her. Last week, the judge dropped the battery charge against Cherry.

A meeting to determine a retrial date has been set for April 13.

http://www.tvguide.com/News/Nicollette-Sheridan-Lawsuit-1045044.aspx

"Desperate Housewives" Retrial Set for September
4/18/2012
by Alex Ben Block


The judge overseeing Nicollette Sheridan's wrongful termination lawsuit against ABC over her firing from "Desperate Housewives" has set a September 10 date for a re-trial of the case.

A Los Angeles Superior Court jury failed to reach a verdict in March in the first trial between Sheridan and ABC over whether she was terminated by the Housewives studio as retaliation for complaining about an altercation with series creator Marc Cherry.

Sheridan's attorneys had asked Judge Elizabeth Allen White to impose sanctions on ABC attorneys for their conduct during the first trial, but that request was denied Wednesday during a hearing in the downtown courthouse.







The judge had initially offered to hold the retrial of the case on June 4.

However Adam Levin, lead attorney for ABC/Disney, said in court that they would not be able to get the witnesses they needed on that date because of the cycle of the entertainment industry. That was a reference to most shows being on hiatus in May and June.

So Sheridan attorneys Mark Baute and Patrick Maloney begrudgingly agreed to the Sept. 10 date. They also said they want to depose more witnesses before then.







Levin said the defense had a number of additional witnesses it wishes to bring to the stand, and that the short duration of the trial did not allow that.

Levin had asked the judge to issue a directed verdict because he claimed Sheridan never proved in the trial that there were unsafe working conditions on "Housewives", which is required to prove her case.







During the hearing, both sides returned to the arguments they made during the trial, which ended in a hung jury. Levin argued that ABC had clearly shown there were discussions about killing off Sheridan's character before the incident with Cherry.

Baute called that a “bogus defense concocted out of thin air.”

The judge said a discussion of killing off a character is not the same as a decision, so that was not relevant.







The judge strongly suggested both sides meet and try to reach a settlement before the re-trial.

However, after the court hearing Baute told reporters that ABC/Disney has said the company will never settle, and he does not see that changing.

http://www.hollywoodreporter.com/thr-esq/desperate-housewives-trial-date-nicollette-sheridan-313714

"Desperate Housewives" Lawsuit: Nicollette Sheridan Not Fired
by Anthony McCartney - AP
8/16/12


Nicollette Sheridan was not wrongfully fired from "Desperate Housewives", an appeals court ruled Thursday, but the actress should be allowed to pursue claims that she was retaliated against for complaining that the show's creator struck her.

A three justice panel of the 2nd District Court of Appeal agreed with attorneys for ABC and Touchstone Television that Sheridan's contract was not renewed after the show's fifth season and that barred the actress from receiving a new trial on her wrongful termination lawsuit.

The court, however, ruled that Sheridan should be allowed to file an amended lawsuit claiming retaliation, although her damages would be limited to her salary losses.





The ruling is the latest twist in Sheridan's case, which was first filed in April 2010 and was slated for a re-trial on her claim that she was fired after complaining that series creator Marc Cherry struck in the head during an on-set argument.

Cherry and ABC denied the claims, and a judge threw out the battery claim against Cherry. In March, jurors deadlocked after a two-week trial on her wrongful termination allegations, with the panel siding eight votes to four for the actress.

"Sheridan cannot pursue a cause of action for wrongful termination in violation of public policy because, contrary to what she claims, she was not fired, discharged or terminated," the court wrote in a 10-page ruling.

"Desperate Housewives" concluded its eight-season run this year.





Attorneys for ABC and Sheridan did not immediately return phone messages seeking comment Thursday afternoon.

Sheridan received $4.2 million on her last season of the series and the studio had options to renew her contract through the seventh season. Her attorney, Mark Baute, argued that she had recently received a raise and a share of the show's profits but fell out of favor with Cherry and other show executives after complaining about his conduct.

http://www.huffingtonpost.com/2012/08/16/desperate-housewives-nicollette-sheridan-case_n_1791853.html?