An appeals court ruled on Wednesday that “The Pitt” is similar enough to “ER” to allow Michael Crichton’s widow to pursue a lawsuit over the Emmy-winning show.
In a unanimous opinion, a three-judge panel denied an appeal from Warner Bros. Television, which has argued that the two shows are unrelated.
“There are clear and numerous similarities between ‘The Pitt’ and ‘ER,” the court ruled, citing the emergency room setting, the fast pace, the medical jargon, the graphic depictions of injuries, and a young, incompetent doctor fresh from medical school. “We find the details here suffice for a prima facie case.”
The appeals court did dismiss a claim against key creators of the show — Noah Wyle, John Wells and R. Scott Gemmill — finding no evidence that they were aware they could be violating Crichton’s contractual rights.
Crichton was a creator of “ER,” which was based on a 1974 script he wrote about his experiences as a medical student. His contract with Warner Bros. Television included a “frozen rights” provision blocking the studio from making any spinoffs or reboots without his approval.
Sherri Crichton, his widow, filed the suit in August 2024, months before “The Pitt” debuted, alleging that Wells and Wyle had originally wanted to reboot “ER” and only changed course after failing to secure her permission.
Warner Bros. has argued that “The Pitt” is a completely different show, and filed a motion to throw out the suit under California’s anti-SLAPP statute, which is meant to deter frivolous lawsuits that stymie free expression. Judge Wendy Chang denied the motion last year, finding that Sherri Crichton had offered enough evidence to proceed.
The appellate ruling allows the suit to move forward at the trial court. The question of whether “The Pitt” is in fact a derivative work of “ER” could ultimately be up to a jury to decide unless the parties reach a settlement before it gets to that point.
“I am deeply gratified by the Court of Appeal decision and look forward to discovery and to our case, which affects writers, creators, and their families and estates, being presented to a jury,” Sherri Crichton said in a statement.