has dropped one of the claims in her lawsuit against 'Desperate Housewives' creator Marc Cherry.
The actress - who played man-eater Edie Britt in the first five seasons ABC series - has reportedly
decided to leave the claim of intentional infliction of emotional distress out of the case against Cherry, ABC and Touchstone TV so she can avoid undergoing a psychiatric or physical examination.
Nicollette filed a lawsuit against the parties in Los Angeles Superior Court in April, claiming wrongful termination, retaliatory termination, assault and battery, discrimination based on sex
and age, gender violence, breach of good faith and intentional infliction of emotional distress - the charge which she has subsequently dropped.
The new charge application was filed on December 17, but is subject to approval from the judge presiding over the case.
The documents note the star - who insists she was fired from the popular programme - isn't retracting her allegations but has chosen to alter the focus of the case, which will now entail suing for financial compensation for lost wages and benefits.
In her original suit, the actress - who is suing for $20 million damages - claimed Marc hit her across the face and sacked her when she complained to network ABC.
However, the broadcasters have claimed the director gave her a "light tap" while they were rehearsing a scene.
Howard Davine, Executive Vice President of ABC Studios, previously stated: "Marc Cherry
simply gave her a light tap on the side of her head for the sole purpose of providing direction for a scene they were rehearsing."
Nicollette was informed in February 2009 that her employment on the show was going to be terminated and that her character was being killed off the show.