By Ahmed Abdelsalam
An appeals court ruled Wednesday that the estate of "ER" creator Michael Crichton can proceed with its lawsuit alleging that HBO's "The Pitt" is an unauthorized reboot of the long-running medical drama.
Lawsuit Background
Sherri Crichton, who controls her late husband's estate, filed suit in August 2024 against Warner Bros. Television and the creators of "The Pitt." She cited a 1994 agreement that barred the studio from creating derivative works based on "ER" without permission from Crichton or his estate. The original series aired on NBC from 1994 to 2009 and won nearly two dozen Emmy Awards.
Court Proceedings
Warner Bros. moved to dismiss the case in August 2025 under California's anti-SLAPP law, but a trial judge denied the motion. The defendants, including star Noah Wyle, executive producer John Wells, and showrunner Scott Gemmill, appealed. A three-judge panel upheld the lower court's decision, finding sufficient similarities between the two shows to support a prima facie case.
Similarities and Differences
Both series follow the personal and professional lives of doctors in an emergency room, and Wyle, Wells, and Gemmill all worked on "ER" before joining "The Pitt." The primary setting difference is that "ER" took place in Chicago, while "The Pitt" is set in Pittsburgh.
Creative Origins
Wyle recently acknowledged that "The Pitt" began as an "ER" reboot concept before the team pivoted to an original premise. He said abandoning the intellectual property "liberated the storytelling" and allowed the show to address contemporary issues without homage to the earlier series.
The first two seasons of "The Pitt" have earned 11 Emmy Awards, including two best actor wins for Wyle. Neither Sherri Crichton nor representatives for Warner Bros., Wyle, Wells, or Gemmill immediately responded to requests for comment.
