Michael Crichton Estate's Lawsuit Over The Pitt Heads to Jury Trial
A jury will decide whether the hit medical drama The Pitt copied too much from ER. An appeals court panel has upheld a lower court ruling that sends the lawsuit to a jury trial in Los Angeles Superior Court, Deadline reported.
The case was brought by Sherri Crichton. She sued on behalf of the John Michael Crichton Trust's Roadrunner JMTC, which represents the Michael Crichton estate. The suit was filed in August 2024 as a breach of contract claim, meaning the estate says an agreement was broken.
The estate alleges that The Pitt was created by John Wells, Warner Bros. and others after talks to reboot ER, the 15-season NBC series, fell apart. The Pitt launched in early 2025 on HBO Max.
The producers have fought the case at every stage. Warner Bros. asked the court to throw the lawsuit out under an anti-SLAPP motion, a tool meant to stop cases that target free speech. Los Angeles Superior Court Judge Wendy Chang refused, and the producers then asked a California appeals court to overturn that ruling.
Before the appeals panel, the producers argued that The Pitt is a unique work that cannot be sued on free-speech grounds. They also said the estate's claim that the show should never have aired rests on a misreading of a single phrase, as Variety reported in May. Arguments were heard on September 8 before Judges Curtis Karnow, Rashida Adams and Mark Hanasono.
The panel has now affirmed the lower court decision, so the case moves forward. Next comes discovery, the stage where each side collects documents and information from the other. Deadline reports that a trial could start as early as next summer, unless the two sides reach a settlement first.
For viewers, the lawsuit and the show are running on separate clocks. Season 3 of The Pitt is set to premiere in January 2027, while the court case has no set end date. Any ruling on the merits is still months or longer away, and the parties have not said publicly whether they are talking about a settlement.
