'Desperate Housewives' Trial: Will Nicollette Sheridan Win The Retrial?

Nicollette Sheridan's lawsuit against ABC is headed for a retrial after a Los Angeles judge refused to dismiss the Desperate Housewives wrongful-termination case. What are Sheridan's chances of winning the retrial?

Sheridan sued ABC, parent company Disney and Desperate Housewives creator Mark Cherry for wrongful termination and sought $6 million, contending her character was written off the show in 2009 because she complained Cherry hit her during an argument on the set of the series, the Associated Press reported.

Cherry claimed Sheridan blew the incident out of proportion and that Sheridan's role on the show was eliminated as a creative decision, according to the AP.

A jury could not come to a verdict, with eight jurors siding with Sheridan, and a retrial was scheduled for Sept. 10.

The split verdict in the first trial should give Sheridan confidence that a new jury will side with her in the retrial, attorney Travis Gemoets of firm Jeffer Mangels told E!.

We know that the jury was split 8 to 4 in favor of Nicollette, he said, so she's going to be in a pretty strong position.

But there's also a chance a second jury may not hear the case and the sides will agree on a settlement.

However, Sheridan's attorney, Marke Baute, doubts that will happen.

Disney doesn't settle, he told the New York Daily News. That's one of the reasons we took the case. We think it's a really good case (for a jury.) It's very simple and straightforward. She was hit on the head, she complained and she was fired.

ABC's attorneys requested Los Angeles Superior Court Judge Elizabeth Allen White to declare a mistrial, but White insisted both parties talk about a settlement.