By Sohaib Shams
A California appeals court has ruled that a lawsuit alleging the HBO Max series "The Pitt" is an unauthorized reboot of the landmark medical drama "ER" can move forward. The unanimous decision by a three-judge panel of the 2nd District Court of Appeal affirms a lower court's refusal to dismiss the case brought by Sherri Crichton, widow of "ER" creator Michael Crichton.
Lawsuit Background
Michael Crichton, author of "Jurassic Park" and creator of "ER," secured a "frozen rights" provision in his contract prohibiting Warner Bros. from producing sequels, remakes, or spinoffs without his consent or that of his estate after his death in 2008. After negotiations for an authorized "ER" reboot failed, the studio developed "The Pitt," a real-time depiction of a Pittsburgh emergency department that premiered in 2024 and has since won multiple Emmy Awards.
Court Findings on Similarities
The appellate panel agreed with the plaintiff that the two shows share more than generic medical-drama tropes. Both focus almost exclusively on the emergency room, comment on the healthcare system, employ extremely fast pacing with overlapping crises, and use rapid-fire medical jargon that creates an air of immediacy. The court found these similarities sufficient to give the lawsuit merit at this stage.
Defendants Dismissed
The judges dismissed actor Noah Wyle, who stars in both series, along with producers John Wells and R. Scott Gemmill, who worked on both shows. The court found no evidence that the three men knew the specific provisions of the Crichton contract that the lawsuit alleges they interfered with.
Contract Dispute Details
Sherri Crichton's suit contends that Warner Bros. proceeded with "The Pitt" as a rebranded version of the unauthorized reboot she had rejected. Emails seeking comment on the ruling were sent to attorneys for Warner Bros. Television.
