By Fatma Younis
A US appeals court has ruled that the HBO medical drama "The Pitt" shares "clear and numerous similarities" with the classic series "ER," allowing a lawsuit from the estate of "ER" creator Michael Crichton to move forward.
Lawsuit background
Sherri Crichton, widow of the late author and "ER" creator Michael Crichton, filed the lawsuit in 2024 before "The Pitt" premiered. The suit contends that "The Pitt" is an unauthorized reboot of "ER," violating a 1994 contract that barred spin-offs without Crichton's approval. Crichton died in 2008, leaving his estate in control of those rights.
Key figures and connections
The defendants include Warner Bros Television and several producers with deep ties to "ER": John Wells, former "ER" showrunner and executive producer of "The Pitt"; Noah Wyle, who starred in "ER" before leading "The Pitt"; and R. Scott Gemmill, an "ER" writer who serves as showrunner and executive producer on the new series. Wyle and the producers have acknowledged that "The Pitt" originated after plans for an "ER" reboot fell through.
Court findings
In a ruling filed Wednesday, a three-judge panel denied a motion to dismiss the case. The judges cited specific parallels between the two shows, including the emergency room setting, the use of dense medical jargon, overlapping simultaneous crises, graphic injury depictions, exhausted staff suffering emotional outbursts, and a young, inexperienced doctor character. The court concluded that these details suffice for a prima facie case of copyright infringement.
Defense arguments
The defendants argued that the shared elements are generic to any emergency room drama and that not all ER-set shows are derivative of "ER." The court rejected that argument at this stage.
Next steps
Wyle, Wells, and Gemmill were dismissed as individual defendants after the court found they were unaware of potential rights violations. Barring a settlement, the case will proceed to a jury trial. "The Pitt" has been a critical and ratings success for HBO since its 2025 debut, winning the Emmy for Best Drama two years in a row, and is set to return for a third season in January.
