Judge Allows Lawsuit Against The Pitt Producers to Proceed
A US court has ruled that the medical drama The Pitt is similar enough to ER to allow a lawsuit by the creator's widow to proceed to a jury trial.
By Isabella Kaur ·
A United States court has ruled that the medical drama The Pitt is sufficiently similar to the classic series ER for a lawsuit against its producers to move forward. The decision permits the widow of Michael Crichton, the creator of ER, to pursue her claim that the new show is an unauthorized reboot of the original series.
Sherri Crichton argues that her late husband’s contract contained a specific provision known as frozen rights. This clause prohibited the creation of any sequels, spin-offs, or reboots of ER without his express consent. She contends that The Pitt was produced without proper permission or credit, effectively violating this contractual agreement.
In a unanimous 33-page opinion released on Wednesday, a three-judge panel found clear and numerous similarities between the two productions. The court cited shared elements such as the emergency room setting, the fast-paced narrative style, the use of medical jargon, and graphic depictions of injuries. The judges also noted that both shows feature younger doctors fresh from medical school who are undergoing training.
The panel concluded that these details are enough to establish a prima facie case. As a result, the dispute will now proceed to a jury trial at the Los Angeles Superior Court. This development marks a significant step in the legal battle that has been ongoing since 2024.
However, the judges did dismiss separate claims against three specific individuals. Actor-producer Noah Wyle, executive producer John Wells, and showrunner R Scott Gemmill were cleared of liability. The court determined that there was insufficient evidence to prove that these producers were aware they were violating Crichton’s contractual rights.
ER first aired in 1994, based on an original screenplay by Crichton. The series starred George Clooney, Anthony Edwards, Eriq La Salle, and Maria Bello. Over its 15-year run, the show produced 331 episodes and became a critical and commercial success, winning 23 Emmy Awards, including the award for outstanding drama series.
Discussions regarding a potential reboot of ER began in 2020. Warner Bros spent several months negotiating with Crichton’s estate, but the talks reportedly collapsed due to disagreements over credit and financial guarantees. Following the breakdown in negotiations, producers began developing The Pitt as an alternative project.
The Crichton estate and the John Michael Crichton Trust maintain that the new show is a rebranded version of the original. They argue that the producers simply moved the setting from Chicago to Pittsburgh and changed the title, while retaining the same formula, pacing, and style without providing attribution or compensation to Crichton and his heirs.
Warner Bros had previously described the lawsuit as baseless and argued that The Pitt is a new and original show. The studio sought to have the case dismissed on appeal, claiming the similarities were generic traits common to any dramatic story involving emergency room doctors. The judges refuted this by comparing the opening episode scripts and finding sufficient similarities in plot, themes, dialogue, and character development.
Sherri Crichton expressed deep gratification with the Court of Appeal decision. She stated that she looks forward to the discovery process and to presenting the case to a jury, noting that the outcome will affect writers, creators, and their families and estates. Warner Bros has not yet commented on the latest ruling.
