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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, E! News reports.

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?

The centerpiece of Sheridan’s case, an allegation of wrongful termination against ABC Studios, 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.

Earlier Tuesday, “Desperate Housewives” construction coordinator Michael Reinhart testified that he believes he accidentally was on the receiving end of an email detailing a cover-up surrounding Sheridan’s firing.

An independent forensic investigator has been tasked with examining Reinhart’s hard drive.

L.A. Superior Court Judge Elizabeth Allen White, who through the course of pretrial proceedings knocked Sheridan’s original claim to damages of $20 million down by 75 percent, stated Tuesday that the actress can now only claim punitive damages for alleged retaliation. If she wins the remainder of her case, Sheridan could be entitled to $5.7 million.

After 11 years of marriage, “Twilight” actor Peter Facinelli and his wife, “Beverly Hills, 90210″ darling Jennie Garth, are splitting, People reports.

“While we have decided to end our marriage, we both share the same deep love and devotion to our children. We remain dedicated to raising our beautiful daughters together. We ask for privacy and respect during this time,” they said in a joint statement.

Facinelli and Garth, who have three daughters, Luca, 14, Lola, 9, and Fiona, 5, met on the set of TV movie, “An Unfinished Affair” in 1996, and married in 2001.



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