An appeals court ruled on Wednesday that the television show “The Pitt” is similar enough to “ER” to allow Michael Crichton’s widow to proceed with a lawsuit. A three-judge panel issued a unanimous opinion denying an appeal from Warner Bros. Television, which had argued that the two programs are unrelated.
The court stated, “There are clear and numerous similarities between ‘The Pitt’ and ‘ER,” listing the emergency room setting, fast pace, medical jargon, graphic depictions of injuries, and a young, incompetent doctor fresh from medical school as specific examples. The judges concluded, “We find the details here suffice for a prima facie case.”
The lawsuit was filed in August 2024 by Sherri Crichton, the widow of Michael Crichton, months before “The Pitt” premiered. She alleges that Noah Wyle and John Wells originally intended to reboot “ER” but only changed course after they were unable to get her permission. Crichton was a creator of “ER,” which was based on a 1974 script he wrote regarding his time as a medical student. His contract with Warner Bros. Television contained a “frozen rights” provision that prohibited the studio from producing reboots or spinoffs without his approval.
Warner Bros. Television has maintained that “The Pitt” is a completely different show. The studio filed a motion to dismiss the suit under California’s anti-SLAPP statute, which is intended to prevent frivolous lawsuits from hindering free expression. However, Judge Wendy Chang denied that motion last year, determining that Sherri Crichton provided sufficient evidence to move forward.
While the appeals court dismissed a claim against key creators Noah Wyle, John Wells, and R. Scott Gemmill—finding no evidence they knew they were violating Crichton’s contractual rights—the ruling allows the broader suit to continue in the trial court. The final determination of whether “The Pitt” is a derivative work of “ER” may be decided by a jury unless a settlement is reached.
“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.
