Appeals Court Rules Lawsuit Over 'The Pitt' and 'ER' Similarities Can Proceed

A three-judge panel on a California appeals court ruled Wednesday that the medical drama 'The Pitt' shares "clear and numerous" similarities with the 1990s television series 'ER,' allowing a lawsuit by Michael Crichton's estate to proceed.

The Court's Findings

The Second District Court of Appeal unanimously upheld a lower court's ruling that Crichton's estate presented enough evidence to pursue its claim that 'The Pitt' is an unauthorized reboot of 'ER.' In a 33-page opinion, the justices stated they compared the pilot scripts for both shows and found sufficient similarities in plot, themes, dialogue, mood, settings, pacing, characters, and sequence of events.

Specific similarities cited by the justices include:

• Both shows take place, with little exception, in the emergency room.
• The pacing involves "very fast pacing, and reactions to multiple overlapping crises."
• The dialogue is described as "(to a layperson) frequently incomprehensible shorthand and jargon."
• Both shows feature a series of patients presented in overlapping sequences.
• Both shows "display graphic depictions of injuries."
• Each "includes a young doctor, fresh from medical school and incompetent."

The Legal Dispute

The lawsuit was originally filed in August 2024 by Sherri Crichton, the widow of Michael Crichton, against Warner Bros. Television, producer John Wells, and actor-producer Noah Wyle. The estate alleges that when Crichton sold the screenplay for the 'ER' pilot to Warner Bros., the company promised that no subsequent productions derived from 'ER' would proceed without his consent. The estate claims that after failing to negotiate a reboot right with the estate, Warner Bros. "simply moved the show from Chicago to Pittsburgh, rebranded it The Pitt, and has plowed ahead without any attribution or compensation for Crichton and his heirs."

Warner Bros. and the producers previously sought to dismiss the case, arguing the shows shared only "generic similarities" common to any dramatic story involving emergency room doctors. They also filed a motion to dismiss under California's anti-SLAPP statute, which Los Angeles County Superior Court Judge Wendy Chang rejected in 2025.

Ruling on Individual Defendants

While the court ruled that Warner Bros. Television must proceed to trial, the three-judge panel dismissed separate claims against Noah Wyle, John Wells, and producer-showrunner R. Scott Gemmill. The justices stated there was insufficient evidence to show these individuals were aware they could be violating Crichton's contractual rights.

Noah Wyle, who plays the lead character in 'The Pitt,' has denied that the new show is an unauthorized offshoot. In a sworn statement, Wyle said, "I do not see how The Pitt could be deemed derivative of ER because they are two entirely different shows." He noted that the characters differ, stating, "Dr. Carter from ER was a blue blood, wealthy, and highly educated doctor... Dr. Robinavitch comes from a blue-collar background, he is Jewish, did his residency in New Orleans, and is recovering from PTSD."

Why it matters

The case is scheduled for a jury trial in Los Angeles, unless a settlement is reached. Sherri Crichton stated she is "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."

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Sources

• rollingstone.com: Appeals Court Says Lawsuit Over ‘The Pitt’ Can Proceed
• theguardian.com: The Pitt and ER are similar enough for Michael Crichton’s widow’s lawsuit to proceed, court rules | The Pitt | The Guardian

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