A legal battle over whether the medical drama The Pitt improperly borrows from ER will move forward after a California appeals court ruled that the Crichton estate’s The Pitt ER lawsuit has enough merit to proceed. The decision, issued Wednesday by a three-judge panel in Los Angeles, upholds an earlier finding that the estate presented sufficient evidence to pursue its claim that The Pitt is an unauthorized reboot of ER.
Background of the Dispute
Michael Crichton, the creator of ER, wrote the original screenplay that became the hit NBC series in 1994. The show, set in a Chicago emergency room, ran for 331 episodes over 15 years and won 23 Emmy Awards, including outstanding drama series. Crichton’s widow, Sherri Crichton, and the John Michael Crichton Trust argue that his contract included a “frozen rights” provision barring any spin-off, sequel or reboot of ER without his express consent.
According to the estate, discussions about a possible ER reboot began in 2020, and Warner Bros spent months negotiating with Crichton’s representatives. Those talks reportedly collapsed over credit and financial guarantees, and the studio began developing The Pitt instead. The estate contends that the new series, which premiered in 2025 on HBO Max and stars former ER actor Noah Wyle, is effectively a rebranded version of ER — moved from Chicago to Pittsburgh and produced without attribution or compensation to Crichton’s heirs.
Court's Findings on Similarities
In a 33-page opinion, the appellate panel unanimously agreed that there are “clear and numerous similarities” between the two shows, sufficient to establish a prima facie case. The judges cited the emergency room setting, the fast pacing, the use of medical jargon, graphic depictions of injuries, and the presence of young doctors fresh from medical school being trained.
The court also compared the opening episode scripts of both series and found similarities in plot, themes, dialogue, mood, setting, pace, characters, graphic injury detail and sequence of events. Warner Bros had sought to have the case dismissed on appeal, arguing that the shows shared only generic similarities common to any medical drama. The panel rejected that argument, allowing the case to proceed to a jury trial in Los Angeles Superior Court.
Claims Against Individual Producers Dismissed
While the lawsuit against the production will continue, the judges dismissed separate claims against actor-producer Noah Wyle, executive producer John Wells and showrunner R Scott Gemmill. The court found insufficient evidence to show that the three were aware they might be violating Crichton’s contractual rights. All three had previously worked on ER, and many other actors and creatives from that series are also involved in The Pitt.
Reactions and Next Steps
Sherri Crichton said she was deeply gratified by the appellate decision and looked forward to the discovery process and presenting the case to a jury. She noted that the outcome affects writers, creators and their families and estates. Warner Bros, which had previously called the lawsuit “baseless” and vowed to vigorously defend against what it described as meritless claims, has not yet commented on the latest ruling.
The case now moves toward trial, where a jury will decide whether The Pitt infringes on the rights tied to ER. The ruling represents a significant step for the Crichton estate in its effort to enforce the frozen rights provision and secure recognition for Michael Crichton’s contribution to the medical drama genre.
