By Salma El-Sakka
A U.S. appeals court has ruled that the new medical drama "The Pitt" is similar enough to the long-running series "ER" for a copyright lawsuit to proceed to a jury trial.
Lawsuit allowed to proceed
The three-judge panel found "clear and numerous similarities" between the two shows, rejecting Warner Bros.' attempt to dismiss the case. The suit was brought by Sherri Crichton, widow of "ER" creator Michael Crichton, who argues that "The Pitt" is effectively an uncredited reboot made without permission.
Similarities cited by court
The judges compared the pilot scripts and cited shared elements including the emergency room setting, fast pacing, use of medical jargon, graphic injury depictions, and the training of young doctors fresh from medical school. They said these details suffice for a prima facie case.
Claims against producers dismissed
However, the court dismissed separate claims against actor-producer Noah Wyle, executive producer John Wells, and showrunner R. Scott Gemmill, ruling there was insufficient evidence they were aware of potential contractual violations.
Background of ER and The Pitt
"ER" launched in 1994, ran for 15 seasons, won 23 Emmy Awards, and starred George Clooney and Anthony Edwards. Reboot negotiations with the Crichton estate collapsed in 2020, after which Warner Bros developed "The Pitt," moving the setting from Chicago to Pittsburgh. Many "ER" veterans, including Wyle, Wells, and Gemmill, work on the new series.
Reactions
Sherri Crichton said she was "deeply gratified" by the decision and looks forward to presenting the case to a jury. Warner Bros has not yet commented on the ruling.
