Update!

Desperate Deadlock! Mistrial Declared in Nicollette Sheridan Case

Panel can't come to a decision after roughly four days of deliberations in actress' wrongful termination case against ABC

By Natalie Finn Mar 19, 2012 7:45 PMTags
Nicollette SheridanSplash News

Eight and four equal craps for Nicollette Sheridan.

A mistrial was declared in the former Desperate Housewives star's wrongful termination case against ABC Entertainment after jurors remained, in their words, "hopelessly deadlocked," 8-4, after 10 hours and 30 minutes of deliberations.

Judge Elizabeth Allen White had promised last week that she would declare a mistrial today if the panel (at least nine jurors must agree in a civil verdict) couldn't reach a decision. Sheridan had been seeking close to $6 million in damages.

So, what now?

Attorneys for both sides met in settlement court Friday afternoon in front of Judge Helen Bendix with an eye on their own resolution. Those proceedings remain confidential at this time.

"You'd think we'd be disappointed but we're not," Sheridan's attorney, Mark Baute, said during a press conference outside the courthouse. "We got our story out there. We went up against a 50-million-dollar conglomerate who had 10 witnesses, and eight jurors said, 'No, I'm not buying what you're selling.'"

When asked if his client was going to try to make her case again, Baute said, "110 percent."

Marc Cherry was already no longer party to the suit, White having dismissed Sheridan's battery allegation against the Desperate Housewives creator last week, citing lack of evidence.

The erstwhile Edie Britt accused Cherry of hitting her on the head when she expressed concern to him about one of her character's scenes on Sept. 28, 2008.

He admitted to "tapping" her on the head to demonstrate the comedic vibe he was looking for in that scene, but nothing more. Cherry and several other witnesses testified that Sheridan seemed to accept his apology and that they were happy ABC internally investigated the matter, because it led to him being cleared of wrongdoing.

"It will all soon be over," Adam Levin, who represents both ABC and Cherry, said to reporters outside, noting that "the case will be far more narrow" now that Cherry is not a defendant anymore.

"The jury is now hung on the single wrong-termination claim," he told E! News. "We are ready to retry and we are confident we will prevail."

—Reporting by Baker Machado

(Originally published March 19, 2012, at 12:10 p.m. PT)