A California appeals court has ruled that "The Pitt," the Max medical drama starring Noah Wyle, is similar enough to the 1990s hit "ER" that a lawsuit accusing its producers of an unauthorized reboot can proceed to a jury trial. The unanimous decision from a three-judge panel upholds an earlier ruling and rejects Warner Bros' bid to have the case thrown out on appeal.
The lawsuit was brought by Sherri Crichton, widow of "ER" creator Michael Crichton, and the trust that holds his estate. They argue that Crichton's original contract for "ER" included a "frozen rights" clause barring any spin-off, sequel or reboot without his express consent — and that "The Pitt," despite relocating its emergency room from Chicago to Pittsburgh and giving it a new title, is exactly that.
"Clear and numerous similarities"
In a 33-page opinion, the judges said they compared the opening-episode scripts of both shows and found matching elements in plot, mood, pacing, characters and the graphic depiction of trauma injuries — enough, they wrote, to "suffice for a prima facie case." Warner Bros had argued the shows shared only "generic similarities" common to any hospital drama; the panel disagreed, citing the two shows' shared emergency-room setting, fast pace, dense medical jargon and recurring plot device of young doctors fresh out of medical school being broken in by veterans.
The court did dismiss separate claims against three individuals closely tied to both shows — star-producer Noah Wyle, executive producer John Wells and showrunner R Scott Gemmill — finding insufficient evidence that the three knew they might be violating Crichton's contractual rights when they moved from "ER" to "The Pitt."
Talks over an official "ER" revival collapsed around 2020 over credit and compensation, according to the estate's filings, and Warner Bros began developing "The Pitt" soon after with many of the same creative figures attached. Crichton's estate says that amounts to the studio building a reboot while declining to pay or credit the man who created the format. Warner Bros has called the lawsuit "baseless" and says it will vigorously defend the show, which has itself become a ratings and awards success.
I am deeply gratified by the Court of Appeal decision, and look forward to discovery and to our case ... being presented to a jury.
Sherri Crichton, in a statement
Warner Bros had not issued a public response to the ruling at the time of writing. The case now returns to Los Angeles Superior Court for discovery ahead of trial.