Court Lets ER Lawsuit Against The Pitt Move Forward
A California appeals court has ruled that the hospital drama The Pitt is similar enough to ER for the widow of ER co-creator Michael Crichton to take her case to trial. The three-judge panel ruled unanimously, rejecting an appeal by Warner Bros. Television that asked the court to end the case, according to Variety.
The case is brought by Sherri Crichton. She filed it in August 2024, before The Pitt premiered. Her lawsuit says that Noah Wyle and John Wells first wanted to reboot ER, then changed course when they did not get her permission.
Michael Crichton wrote the 1974 script that became the basis for ER, drawing on his time as a medical student. His contract with Warner Bros. Television included a "frozen rights" clause. In plain terms, that clause meant no spinoff or reboot of ER could go ahead without his approval.
The court pointed to several similarities between the two shows. It cited the emergency room setting, the fast pace, the medical jargon, the graphic depictions of injuries, and a young, inexperienced doctor fresh out of medical school. Taken together, those points were enough to let the case continue.
The panel did not rule that The Pitt infringes ER. It also dismissed claims against Wyle, Wells and R. Scott Gemmill. The court found no evidence that they knew they could be violating Crichton's contractual rights.
The case now goes back to the trial court. A jury there could decide whether The Pitt is a derivative work of ER, meaning a new work built on an existing one. That will not happen if the two sides settle first.
The producers have argued from the start that the show is its own creation and is protected speech. They asked the appeals court to overturn the earlier decision, which had already refused to throw the case out under California's anti-SLAPP law. That law lets defendants seek early dismissal of lawsuits that target speech and art, and the trial judge, Wendy Chang, found Sherri Crichton had shown enough evidence to proceed.
For viewers, nothing about The Pitt changes this week. The show's future now depends on how the lawsuit unfolds, and it has no set date for a trial.
