Nicollette Sheridan's battery claim against Desperate Housewives creator Marc Cherry was thrown out in court today.

The judge deemed that Nicollette did not meet the standard of proof and the television executive is now in the clear, TMZ reports.

Marc had admitted to tapping her head with his fingers and did not "wallop" her as Nicollette had testified on the stand.

But as the assault charge was at the heart of the actress's wrongful termination lawsuit, it may not bode well for the remainder of the trial.

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

Nicollette is claiming that she was fired from her role as Edie Britt after she complained to ABC executives that she had been hit.

She made the claim five months after the alleged incident because she claimed she was fearful of repercussions.

A crew member today testified that he had inadvertently received an email in 2010 that discussed information being deleted from the hard drives of computers pertaining to Nicollette's lawsuit.

Michael Reinhart, who is construction coordinator for the Wisteria Lane set, said he came forward to testify at the last minute because the information had been "gnawing" at him for some time.

"If the proposed actions were carried out, it would create an imbalance," Michael told the jurors. "I would consider that an unfair advantage."

His computer has been ordered by Judge Elizabeth Allen White to be turned over for forensic analysis.

Nicollette is suing for $6 million in damages saying she was killed off the show because of her dispute with Marc.