'The Pitt' and 'ER' dispute heads towards trial after court ruling

Appeals court says similarities between 'The Pitt' and 'ER' are sufficient for Michael Crichton's widow to pursue case

An appeals court has ruled that The Pitt shares enough similarities with ER to allow a copyright-related lawsuit brought by the late ER creator Michael Crichton's widow to proceed.

In a unanimous decision on Wednesday, a three-judge panel rejected an appeal by Warner Bros. Television, which had argued that the two medical dramas were unrelated.

The court identified similarities including their emergency room settings, fast-paced storytelling, medical terminology, graphic depictions of injuries and a young, inexperienced doctor fresh out of medical school.

"There are clear and numerous similarities between 'The Pitt' and 'ER,'" the court stated, adding that "We find the details here suffice for a prima facie case."

However, the appeals court dismissed claims against key The Pitt creators Noah Wyle, John Wells and R. Scott Gemmill, finding no evidence that they knew they might be violating Crichton's contractual rights.

Crichton co-created ER, which was based on a 1974 script inspired by his experiences as a medical student. His agreement with Warner Bros. included a "frozen rights" provision that prevented the studio from producing spin-offs or reboots without his approval.

His widow, Sherri Crichton, filed the lawsuit in August 2024, before The Pitt premiered. She alleged that Wells and Wyle had initially sought to revive ER but changed direction after failing to obtain her permission.

Warner Bros. had attempted to have the case dismissed under California's anti-SLAPP statute, arguing that the lawsuit threatened protected creative expression. A judge rejected that request last year, allowing the case to continue.

Wednesday's appellate decision means the dispute will return to the trial court. A jury could eventually decide whether The Pitt is a derivative work of ER, unless the parties reach a settlement first.

"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.