One of the two charges laid by Nicollette Sheridan in court has been dismissed by the judge. The former Desperate Housewives star filed a case against showrunner Marc Cherry and ABC for battery and wrongful termination – today the battery charge has been thrown out.

According to Deadline Cherry is “thrilled” with the judge’s decision this morning to dismiss Sheridan’s charge of battery against him for an incident in which he allegedly hit her in the head. Sheridan believes the incident was the catalyst for her firing from the hit drama and is suing for wrongful termination on the grounds that she was fired for reporting Cherry’s self-described “light tap” on the head.

The trial has seen some of the bigwigs from the network as well as the stars of the show take the stand, and just yesterday a surprise voicemail from a low level employee at ABC revealed that execs may have tried to erase the email trail regarding the reasons for having Sheridan’s character in the show killed off and firing her.

Apparently the tap on the head that Cherry gave Sheridan during a heated discussion on the set doesn’t qualify as battery, according to the LA Superior Court judge who threw it out this morning. Her lawyers, however, don’t seem concerned that it will have any effect on the outcome of the larger matter – the $4.2 million dollar paycheck Sheridan says she’s owed because she shouldn’t have lost her job. The jury is expected to begin deliberations on that charge by the end of the week.

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