Update: Nicollette Sheridan Denied Retrial Again

[JamesG]

Nicollette Sheridan Gets New "Desperate Housewives" Trial
by DOMINIC PATTEN
Monday April 22, 2013


Over a year after Nicollette Sheridan saw her wrongful termination suit against "Desperate Housewives" ended in a mistrial, the actress today got a new trial date. Sheridan and defendants Touchstone Television will be back in court on December 2, LA Superior Court judge Michael Stern ruled today.

Stern’s ruling came after denying a motion by the defendants to have the case dismissed. Sheridan’s lawyers filed an amended complaint for their client under a section of the California Labor Code that is designed to protect employees from losing their jobs if they make a complaint about workplace safety.

This amended complaint follows a three-judge appeals court panel ruling last August that Sheridan could pursue claims that she was retaliated against after complaining that creator Marc Cherry struck her in the head during an on-set argument in September 2008.





The lawsuit over Sheridan’s original claims that her "Housewives" character Edie Britt was suddenly killed off in early 2009 and she was wrongfully fired from her starring role on the ABC drama resulted in a deadlocked jury on March 19th of last year.

That trial saw ABC executives past and present as well as Sheridan and Cherry among others take the stand. Cherry and ABC always insisted the departure of the character and the actress had been decided months before the hitting incident, which the producer has characterized as a light “tap.”

Cherry ceased to be a defendant when midway through the first trial, Judge Elizabeth Allen White threw out the battery claim Sheridan had against the producer.

"Desperate Housewives" itself came to an end just two months after the trial. The show wrapped up its eight-season run on May 13.









A hearing on a retrial was scheduled for September 10 but then taken off the calendar in June last year 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. Subsequent appeals hearings did not go in the actress’ favor.

However, The judges ruling in August did provide an opening for Sheridan to move forward again under a different avenue. In the case that will now begin at the end of the year, Sheridan’s damages would be limited to loss of wages and benefits, a far less than the $20 million she originally filed for in April 2010.

Sheridan was represented, as she was in the first trial, by Mark Baute of LA firm Baute Crochetiere & Wang. He was joined by the firm’s David Crochetiere.

Touchstone were represented by Adam Levin of Mitchell Silberberg & Knupp.

Levin represented the defendants in the first trial.

http://www.deadline.com/2013/04/nico...ves-trial-new/

[JamesG]

Nicollette Sheridan Loses Bid for Second "Desperate Housewives" Trial
by DOMINIC PATTEN
October 18, 2013


It’s finally over — at least for now. LA Superior Judge Michael Stern today sided with ABC/Touchstone TV and granted a summary judgement dismissing Nicollette Sheridan’s latest attempt to for a new trial over being dropped from "Desperate Housewives".

Stern’s ruling was primarily based on the actress not filing a complaint with the California Labor Commission within six months of the September 2008 incident where Sheridan claims show executive producer/creator Marc Cherry struck her on set.

"It was the right result and the judge’s analysis was spot on. The judge followed Supreme Court precedent that required that Ms. Sheridan’s last remaining claim be dismissed with prejudice," attorney Adam Levin, representing ABC/Touchstone, told me after the hearing.





Sheridan’s last trial ended in a mistrial in March 2012 after the jury deadlocked 8-4. Dramatically trimmed down from her original multimillion-dollar case, Sheridan was now just claiming that she had been fired from the primetime soap in 2009 because she spoke out against working conditions on the series.

Even if the case had gone forward, it was going to be a hard one as Cherry was dismissed as a defendant in the original case in early 2012. If ABC’s motion had failed, the retrial was set to start December 2.

Attorneys for Sheridan are expected to appeal today’s ruling.

http://www.deadline.com/2013/10/nico...sewives-trial/

[JamesG]

Nicollette Sheridan Seeks to Revive "Desperate Housewives" Legal Case
12/3/13
by Alex Ben Block


Actress Nicollette Sheridan’s legal battle alleging that her termination from the ABC show "Desperate Housewives" was in retaliation for her complaints about working conditions may not be over after all, despite a Los Angeles Superior Court judge’s order dismissing the case on Nov. 5 without leave to amend or be reconsidered.

On Nov. 27, Sheridan’s lawyers filed a new motion with Judge Michael L. Stern asking for reconsideration based on two new laws recently passed by the California legislature and signed into law by Gov. Jerry Brown and the “depublishing” of a court case that was used as precedent when the Nov. 5 ruling was made.





Sheridan’s attorneys Mark Baute and David Crochetiere are asking the court to set a new trial in the case, which at one time was scheduled to take place this week. A hearing has been set on the motion for Jan. 29, 2014.

“Recent developments now require the court’s November 5 order be reconsidered,” states the new motion.





Sheridan was one of the stars on "Desperate Housewives" during its first five seasons on the air. She sued in 2010, charging she was wrongfully terminated from the series after she got into an altercation with executive producer Marc Cherry, who she says struck her as they argued during a rehearsal.

The case went before a jury in February and March 2012 after a number of the allegations were dropped and Cherry was dismissed from the case, leaving Touchstone TV as the only defendant. Touchstone is a division of the Walt Disney Company.



The jury at that time deadlocked 8 to 4 in favor of Sheridan, but that was not enough for her to win the civil suit. Later, an appeals court ruled Touchstone did not wrongfully terminate Sheridan, but had simply not renewed her contract.

Sheridan was permitted to file a new action under the state Labor Code, charging that Touchstone retaliated against her for complaining about unsafe working conditions.





After other legal actions, on Nov. 5 the court ruled Sheridan had not filed the labor action in the permitted time because she had filed the civil suit instead. That was when the case was dismissed.

Sheridan’s lawyers say they were unaware at that time the state legislature was passing a Senate bill and an Assembly bill designed to clarify the rights of a worker under the labor law, allowing them to file a labor action at a later time. “An individual is not required to exhaust administrative remedies or procedures in order to bring a civil action,” states the legislation.

Although that law doesn’t go into effect until 2014, Sheridan’s lawyers argue that the intent is clear – the legislature isn’t passing new rules but simply clarifying how existing rules should be interpreted.





The suit also says that on Nov. 25, a decision in a prior case that was key to the court’s Nov. 5 decision was reversed by the state Supreme Court, and that decision, known as The MacDonald Case, was depublished, meaning it no longer can be used as a precedent in any other legal case.

“The clarification by the legislature changed the viability of the MacDonald court’s analysis,” says the new motion, “and the case has now been depublished and should be deemed superseded by statute.”

There was no immediate comment in response from Touchstone Television’s attorneys Adam Levin and Aaron Wais.

http://www.hollywoodreporter.com/thr...n-seeks-661738

[JamesG]

Nicollette Sheridan Denied New "Desperate Housewives" Trial
1/16/14
by Eriq Gardner


At a hearing on Thursday, a Los Angeles Superior Court judge rejected former "Desperate Housewives" castmember Nicollette Sheridan's bid for a new trial.

Sheridan sued ABC, Touchstone and "Housewives" creator Marc Cherry for $20 million in April 2010, claiming she was let go from the series in retaliation for complaining about being hit in the head by Cherry during a September 2008 argument on the set.

In 2012, a trial was held, but a deadlocked jury couldn't come to a verdict.





Afterward, a California appellate court said that the trial judge should have issued a directed verdict in favor of the defendants on the basis that it wasn't a strict termination, but rather that Sheridan's contract was not renewed after the fifth season.

However, the door was left slightly ajar by the appellate court's suggestion that she should have filed her case under California's Labor Code.

Sheridan then pursued a claim that Touchstone retaliated against her for complaining about unsafe working conditions, but Judge Michael Stern determined she should have filed an administrative complaint to the California Labor Commissioner within six months of the on-set incident before filing a labor lawsuit. She had not filed soon enough.





On Thursday, her losing streak continued.

In a motion for a new trial, Sheridan's lawyers unsuccessfully argued that she was not required to exhaust administrative remedies before filing suit. They also pointed to changes made by California's legislature as the parties were briefing the case. According to Sheridan's motion, the legislature wasn't changing the law but clarifying that in cases like this, there was no administrative exhaustion requirement on the part of the plaintiffs.

Touchstone's attorneys responded by saying that the changes to the labor code didn't go into effect until January 1 of this year, that Sheridan's motion last month wasn't founded on existing law and that California's legislature did not make the statutes retroactive.

Judge Stern agrees, leaving Sheridan out of luck.





The case isn't completely over, as there's another hearing at the end of the month on Sheridan's motion for reconsideration, but after several trial judge and appellate rulings, the odds are looking longer and longer for the actress.

She can take heart that she once convinced 8 of 12 jurors in her original trial. But that moment of being two-thirds of the way there now appears better read as being one-third of the way short.

http://www.hollywoodreporter.com/thr...sperate-671666

[JamesG]

Nicollette Sheridan Gets New "Desperate Housewives" Trial
1/29/14
by Eriq Gardner


In a surprising turn of events, the long-running dispute over former "Desperate Housewives" Nicollette Sheridan's firing is not over.

Sheridan sued ABC, Touchstone and "Housewives" creator Marc Cherry for $20 million in April 2010, claiming she was let go from the series in retaliation for complaining about being hit in the head by Cherry during a September 2008 argument on the set.





At a trial just against Touchstone, jurors were deadlocked at 8-4 in Sheridan's favor.

Later, a California appellate court said that the trial judge should have issued a directed verdict in favor of the defendants on the basis that it wasn't a strict termination, but rather that Sheridan's contract was not renewed after the fifth season.

It was suggested she file her case under California's Labor Code.





Sheridan then pursued Touchstone for allegedly retaliating against her for complaining about unsafe working conditions. But she filed her claims late, and Los Angeles Superior Court Judge Michael Stern wouldn't allow it.

Just weeks after confirming this, Judge Stern has ordered a new trial. The basis for the ruling isn't immediately clear although in court papers filed by Sheridan's lawyers last week, the plaintiff pointed to recent rulings by other judges that suggested there is no requirement to exhaust administrative remedies before filing a labor claim.





Touchstone lawyer Adam Levin confirmed to THR the new trial order, but declined to comment on the ruling. He has told the judge he will be appealing.

A status conference has been scheduled for April.

http://www.hollywoodreporter.com/thr...perate-675273?

[JamesG]

Nicollette Sheridan Denied Retrial in "Desperate Housewives" Termination Case
8/15/14
by Austin Siegemund-Broka


Nicollette Sheridan won't be heading back to court after all for her allegations that "Desperate Housewives" creator Marc Cherry assaulted her and ABC wrongfully fired her from the show.

The 2nd District Court of Appeal overturned the decision by a Los Angeles Superior Court judge to retry the case, City News Service reported. In the January ruling to retry, judge Michael Stern reversed his Nov. 5, 2013 judgment that the case would be dismissed without leave to amend or be reconsidered.

That ruling was in error, the appellate court's three-justice panel found. On Aug. 1, they ordered Stern to vacate his order or show why his decision was valid.

Attorneys for Sheridan and for Touchstone did not immediately return requests for comment.

http://www.hollywoodreporter.com/thr...sperate-725845

[TMC]

She is a moron for ruining her career.

Why did she stop working?

Suing Hollywood Is Not A Good Idea

Future career ... ???

Cut her own throat

[JamesG]

Nicollette Sheridan Denied Retrial Again in "Desperate Housewives" Case
9/25/14
by Austin Siegemund-Broka


Nicollette Sheridan has again been denied a retrial of her allegations that she was fired from "Desperate Housewives" when she complained that creator Marc Cherry hit her in an argument on set.

The ruling follows the 2nd District Court of Appeal's order last month that Los Angeles Superior Court judge Michael Stern should vacate his decision in January to grant Sheridan a new trial. The judge had the option to defend that ruling at a hearing later in the year, but he decided to reverse course and denied the retrial, City News Service reported.





The case isn't over, though — Sheridan's attorneys Mark Baute and David Crochetiere are pursuing an appeal to Stern's Nov. 5 ruling to dismiss the case without leave to amend or be reconsidered. The appellate briefing should be done by the end of the year, with oral arguments next year, Baute tells THR.

"The appeal is focused on a single legal issue, which is whether Ms. Sheridan was required to first exhaust an administrative remedy before filing her lawsuit," he says.

http://www.hollywoodreporter.com/thr...l-again-735587