started · updated
Warner Bros. faces lawsuit as court rules 'The Pitt' and 'ER' are similar enough for trial
A California appeals court has ruled that the medical drama “The Pitt” shares enough similarities with the series “ER” to allow a lawsuit brought by Michael Crichton’s widow to proceed. A three-judge panel from the 2nd District Court of Appeal unanimously denied an appeal from Warner Bros. Television, which had sought to dismiss the case under anti-SLAPP statutes.
The lawsuit, filed by Sherri Crichton in August 2024, alleges that “The Pitt” is an unauthorized reboot of “ER.” The plaintiff argues that the production violates a “frozen rights” provision in Crichton’s original 1994 contract, which prohibited the studio from creating spinoffs or reboots without his express approval.
The court identified several similarities between the two shows, including the emergency room setting, fast-paced dialogue, medical jargon, graphic depictions of injuries, and the focus on young, inexperienced doctors. While the ruling allows the case to move toward a jury trial in Los Angeles Superior Court, the judges dismissed claims against individual producers Noah Wyle, John Wells, and R. Scott Gemmill, citing a lack of evidence that they were aware of the potential contractual violations.
“The Pitt,” an HBO Max series, has received significant critical acclaim, including multiple Emmy awards. The legal dispute centers on whether the show is a derivative work that intentionally bypassed negotiations with the Crichton estate.
Entities
Los Angeles Superior Court · Michael Crichton · Noah Wyle · Sherri Crichton · The Pitt · Warner Bros. Television
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 3 SOURCES] Michael Crichton’s contract included a provision prohibiting spin-offs or reboots without his consent. www.bbc.co.uk · variety.com
- [● 2 SOURCES] Warner Bros. Television argued that The Pitt is a completely different show. www.bbc.co.uk · variety.com
- [● 2 SOURCES] Sherri Crichton filed the lawsuit in 2024. variety.com
- [● 3 SOURCES] The court cited the emergency room setting and medical jargon as similarities between the shows. www.bbc.co.uk · variety.com
- [● 3 SOURCES] The court dismissed claims against Noah Wyle, John Wells, and R. Scott Gemmill. www.bbc.co.uk · variety.com
- [○ 1 SOURCE] The case will proceed to a jury trial in Los Angeles Superior Court. www.bbc.co.uk
- [● 3 SOURCES] A US appeals court ruled that The Pitt and ER have clear and numerous similarities. www.bbc.co.uk · variety.com
- [○ 1 SOURCE] Negotiations for an ER reboot collapsed over credit and financial guarantees. www.bbc.co.uk