June 04, 2012 02:31:03 GMT
After the court of appeals puts the planned retrial in indefinite delay, the actress' lawyer Mark Baute says, 'The court wants the trial to go forward so long as the claim is a Labor Code 6310 claim.'
Nicollette Sheridan is going to move forward with her lawsuit against "Desperate Housewives" producer Touchstone Television despite the latest ruling that bumped the planned September 10 retrial indefinitely. After the California Court of Appeals ruled on Friday, June 1 that the key claim in the case likely should have been resolved in favor of Touchstone, the actress' lawyer is adamant that it doesn't mean the retrial is called off.
"The reference to amendment in the order is designed to ensure that happens and the September 10 trial date remains intact," said Mark Baute, who leads the legal team of the former "Desperate Housewives" star. He claims, "The order reflects the court of appeals' desire to have the September 10 trial focus on the Labor Code Section 6310 claim," before adding, "We will file our briefs and move forward accordingly."
Touchstone had argued in the initial trial that it simply didn't not pick up Sheridan's options, thus it wasn't considered wrongful termination. Last week, the court of appeals surprisingly issued an order agreeing with Touchstone. "It is further ordered that the retrial currently set for Sept. 10 is hereby stayed pending further order of the court," so the ruling stated.
Sheridan's wrongful termination lawsuit in March was declared a mistrial after the jury was deadlocked. Meanwhile, the battery charge against creator Marc Cherry had been dropped by the judge.