Nicollette Sheridan has been granted a retrial to prove she was wrongfully terminated from her role on Desperate Housewives.

The actress had claimed that she was hit on the head by the show's creator Marc Cherry and then fired when she complained about it.

During the first trial earlier this year the assault charge against Marc was dropped but the rest of the case resulted in a hung jury.

TMZ reports that a judge has decided to allow the actress a second chance to prove her case after she was just one juror short of a victory.

The parties are set to return to court on September 10 but the judge is encouraging both sides to settle the case before that date.

It is reported that Disney, who own ABC, may want to settle now because the first jury voted 8 4 in favour of Nicollette and she was very close to winning.

ABC had asked the judge to dismiss the case due to evidence that emerged in the first trial but their wish was not granted. Nicollette is suing her former employers for $4 million in damages.