Court of Appeals Allows ‘The Pitt’ Lawsuit to Advance, Cites ‘Numerous’ ‘ER’ Similarities

A California Court of Appeals panel has ruled that the lawsuit over The Pitt may move forward, finding that the medical drama shares “clear and numerous” characteristics with Michael Crichton’s 1990s series ER. The decision delivered a critical victory to Crichton’s estate in its legal battle against Warner Bros. Television.

In a unanimous 33-page opinion, the three-judge panel upheld a lower court’s ruling that Crichton’s estate had presented enough evidence to pursue its claim that The Pitt is an unauthorized reboot of ER. Warner Bros. had sought to have the lawsuit dismissed on appeal, arguing that the shows shared only “generic similarities” common to “any dramatic story involving emergency room doctors.”

The Second District Court of Appeal said the justices compared the pilot scripts for both shows and found sufficient similarities in plot, themes, dialogue, mood, settings, pacing, characters, and sequence of events to allow the lawsuit to proceed at this early stage.

The justices wrote in their opinion, obtained by Rolling Stone, that both shows take place, “with little exception,” in the emergency room, rather than following patients as they move out of it or never entering it. They also noted that both use very fast pacing and respond to multiple overlapping crises.

“The fast-paced dialogue is (to a layperson) frequently incomprehensible shorthand and jargon, lending an air of immediacy and accuracy to the presentation,” the justices said. “Both shows feature a series of patients: they are presented in overlapping sequences, with medical personnel interrupting their work with one to attend to another, layering on crisis after crisis.”

The court also said the two shows “display graphic depictions of injuries,” and that each “includes a young doctor, fresh from medical school and incompetent.” The panel determined that these elements were similar enough in plot, themes, dialogue, mood, setting, pace, characters, and sequence to allow the case to proceed toward possible trial.

A lawyer for Warner Bros. and the producers did not immediately respond to a request for comment.

The underlying lawsuit was first filed in August 2024 by Crichton’s widow, Sherri Crichton, against Warner Bros., producer John Wells, and actor-producer Noah Wyle. It alleged that after Crichton sold Warner Bros. the screenplay for the pilot episode of ER, the studio promised that no subsequent production derived from ER would move forward without Crichton’s consent. The suit claimed that after negotiations with Crichton’s estate failed for nearly a year over the right to reboot ER, 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.”

In their ruling Wednesday, the appeals court justices dismissed separate claims against Wyle, Wells, and producer-showrunner R. Scott Gemmill, saying there was insufficient evidence to show the producers were aware they could be violating Crichton’s contractual rights.

“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 shared by her lawyer on Wednesday.

Warner Bros., Wells, and Wyle denied the allegations in the lawsuit and sought to dismiss the case, arguing that it was frivolous and an attempt to violate their rights to free speech. Los Angeles County Superior Court Judge Wendy Chang was the first to reject their challenge, known as an anti-SLAPP, saying the estate’s complaint met the “minimal merit standard” to proceed.

Wyle, who starred in ER alongside Anthony Edwards, George Clooney, and Julianna Margulies, plays the lead character in The Pitt. The show’s producer, Wells, was the original ER showrunner.

In a sworn statement, Wyle denied the new show is an unauthorized offshoot of the Crichton hit. “I do not see how The Pitt could be deemed derivative of ER because they are two entirely different shows,” he said.

The two shows do not have any of the same characters, Wyle added. “Dr. Carter from ER was a blue blood, wealthy, and highly educated doctor. He came from a waspy background. Dr. Robinavitch comes from a blue-collar background, he is Jewish, did his residency in New Orleans, and is recovering from PTSD,” Wyle said.

The next hearing in the case is set for Jan. 21, back in Judge Chang’s courtroom in downtown Los Angeles.

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