Appeals Court Allows Lawsuit Over The Pitt and ER Similarities to Proceed

A California appeals court has ruled that The Pitt and ER are similar enough for a lawsuit brought by Sherri Crichton, the widow of ER creator Michael Crichton, to proceed.

The court's ruling

A three-judge panel from California's 2nd District Court of Appeal ruled unanimously on Wednesday that the trial court judge was correct to reject a motion to throw out the case from The Pitt production company Warner Bros. Television. The court found "clear and numerous similarities" between the two shows, citing the emergency room setting, fast pacing, medical jargon, graphic depictions of injuries, and a young, incompetent doctor fresh from medical school.

The opinion stated that "both shows provide commentaries on the healthcare system; they focus specifically on the emergency room and the difficult conditions under which the medical staff operates. Both shows take place, with little exception, in the emergency room, as opposed to other medical shows which track patients as they move out of the emergency room, or indeed never enter it."

The panel also unanimously dismissed Noah Wyle, John Wells, and R. Scott Gemmill as defendants, finding no evidence that the three men knew the provisions of the Crichton contract that the lawsuit alleges they interfered with.

The lawsuit

Sherri Crichton filed the suit in August 2024, alleging The Pitt is a rebranded version of an unauthorized ER reboot that she had rejected. Her husband had secured a "frozen rights" provision in his contract for the series, prohibiting Warner Bros. from proceeding with any sequels, remakes, spinoffs or other productions derived from ER without Crichton's consent, or his estate's consent after his death from cancer in 2008.

Warner Bros. Television said in a statement that "WBTV continues to maintain that 'The Pitt' is an entirely original series and that the claims against it are without merit. Nothing in the Court of Appeal's decision establishes otherwise, and WBTV looks forward to defending its position as the case proceeds."

Why it matters

The ruling allows the lawsuit to move forward at the trial court level. 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. The next hearing in the case is set for Jan. 21 back in Judge Wendy Chang's courtroom in downtown Los Angeles.

---

Sources

• cbsnews.com: "ER" and "The Pitt" are similar enough for lawsuit to proceed, appeals court finds - CBS News
• nbcnews.com: ‘ER’ creator’s estate can sue over ‘The Pitt’ similarities, appeals court rules
• rollingstone.com: Appeals Court Says Lawsuit Over ‘The Pitt’ Can Proceed
• variety.com: 'The Pitt' and 'ER' Are Similar Enough to Allow Crichton Suit
• theguardian.com: The Pitt and ER are similar enough for Michael Crichton’s widow’s lawsuit to proceed, court rules | The Pitt | The Guardian
• yahoo.com: 'The Pitt' and 'ER' are too similar and lawsuit can proceed, appeals court rules

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.