A California appeals court ruled Wednesday that the HBO Max series The Pitt shares sufficient similarities with the NBC medical drama ER to allow a lawsuit alleging unauthorized reboot to proceed.
The three-judge panel from California’s 2nd District Court of Appeal unanimously upheld a lower court’s decision to reject Warner Bros. Television’s motion to dismiss the case brought by Sherri Crichton, widow of ER creator Michael Crichton. The lawsuit, filed in August 2024, claims The Pitt violates a 1994 agreement prohibiting derivative works without Crichton’s consent.
The appeals court dismissed claims against Noah Wyle, John Wells, and Scott Gemmill, producers and star of The Pitt, citing insufficient evidence of their awareness of the alleged contractual violation. The case will now proceed to a jury trial in Los Angeles Superior Court.
Key legal and factual details
The lawsuit centers on a 1994 agreement between Michael Crichton and Warner Bros., which included a "frozen rights" provision restricting the studio from creating spin-offs, sequels, or reboots of ER without explicit permission. Sherri Crichton alleges Warner Bros. began developing The Pitt in 2020 without her knowledge and halted negotiations in 2022 after she objected.
In its ruling, the appeals court cited "clear and numerous similarities" between the two shows, including:
- Setting: Both take place in a U.S. emergency department.
- Structure: Fast-paced narratives featuring junior doctors and medical jargon.
- Themes: Commentaries on the healthcare system, with graphic depictions of injuries.
The panel stated that determining the degree of similarity sufficient to warrant legal protection is a matter for a jury to assess. Warner Bros. had previously described the lawsuit as "baseless" and filed a motion to dismiss under California’s anti-SLAPP law, which aims to prevent lawsuits targeting free speech. That motion was denied in August 2025.
Background on the shows
ER, which aired from 1994 to 2009, was created by Michael Crichton and became a cultural landmark, winning 23 Emmy Awards and redefining the medical drama genre. The Pitt, released in 2024, follows a real-time day in a Pittsburgh emergency department and has also earned critical acclaim, including two Emmy Awards for Best Drama in its first two seasons.
Sherri Crichton controls the John Michael Crichton Trust, which holds the rights to her husband’s estate. The lawsuit seeks unspecified damages and injunctive relief, arguing that The Pitt improperly capitalized on the legacy of ER without attribution or compensation.
Next steps
With the appeals court’s decision, the case will now move to a jury trial in Los Angeles. Legal experts note that the outcome may hinge on whether the similarities cited by the court are deemed protectable under copyright law or merely standard elements of the medical drama genre. Warner Bros. has not indicated whether it plans to appeal the ruling.