According to The Wrap, Nicollete Sheridan’s lawsuit against ABC and “Desperate Housewives” creator and executive producer will be heading to trial. A jury will decide whether Nicollete Sheridan’s character was unfairly written out of the TV show’s plot line and whether or not there is enough proof to dispute what led to her departure from the show.
Sheridan sued in April 2010 after it was announced that her character would not longer be included in the show. Sheridan alleged that Marc Cherry, the executive producer and creator, struck her during an argument in September 2008 and that he subjected her to sexual harassment.
During a hearing on Sheridan’s wrongful termination lawsuit, a judge ruled that Sheridan’s claims of sexual harassment cannot continue but that the rest of her suit should go to trial. Sheridan will still be allowed to pursue her claim that her character Edie Britt was eliminated from Desperate Housewives in retaliation for complaining about the alleged argument.
The defendants argue that the decision to remove Sheridan’s character came before the argument. However, the show’s former producer recently submitted a sworn declaration in the case disputing that claim and timeline. Lori Kirkland said in her declaration that the creator began talking about killing off the character in 2008 but decided to expedite the decision in 2009 after increasing frustration with the actress.
The judge also threw out an assault claim but will allow the plaintiff to seek wrongful termination damages, battery and unlawful retaliation. Sheridan is seeking $20 million in punitive damages.