Nicollette Sheridan battery claim against 'Housewives' creator is tossed out

March 13, 2012 at 3:46 PM ET

Marc Cherry has drawn first blood ... so to speak.

After two weeks of testimony, Nicollette Sheridan's claim of battery against the "Desperate Housewives" creator has been thrown out.

Her accusation that Cherry hit her "upside the head" on Sept. 28, 2008, was supposedly what set in motion the decision that led to her character being killed off the show in the spring of 2009.

So, what of the rest of her case?

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The centerpiece of Sheridan's case, an allegation of wrongful termination, is still pending.

"Obviously I am thrilled with the decision, but I am going to reserve further commentary until this matter is completely resolved," Cherry told E! News outside the courtroom.

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Meanwhile, after initially saying that there was an "85 percent chance" of getting to closing arguments this afternoon, Sheridan's attorney, Mark Baute, tells us that the chance of that happening is now about "30 percent.

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