A three-judge panel of the Second District Court of Appeal in California unanimously upheld a lower court ruling on Wednesday, determining that Michael Crichton's estate has presented sufficient evidence to pursue its claim that Warner Bros.' medical drama 'The Pitt' is an unauthorized reboot of 'ER'. The court's 33-page opinion stated that the two shows share "clear and numerous" similarities in plot, themes, dialogue, mood, settings, pacing, characters, and sequence of events.
In their analysis, the justices compared the pilot scripts of both series. They noted that unlike other medical dramas that follow patients beyond the emergency room, both 'The Pitt' and 'ER' are set almost exclusively within the ER environment. The court highlighted shared characteristics such as very fast pacing, reactions to multiple overlapping crises, and dialogue filled with incomprehensible shorthand and jargon that lends an air of immediacy. Additionally, both shows feature graphic depictions of injuries and include a young doctor character who is fresh from medical school and portrayed as incompetent.
The underlying lawsuit was filed in August 2024 by Crichton's widow, Sherri Crichton, against Warner Bros., producer John Wells, and actor-producer Noah Wyle. The complaint alleges that when Crichton sold the screenplay for 'ER' to Warner Bros., there was a promise that no subsequent productions derived from the show would proceed without his consent. The estate claims that after nearly a year of unsuccessful negotiations for a reboot, Warner Bros. simply relocated the setting from Chicago to Pittsburgh, rebranded it as 'The Pitt', and proceeded without attribution or compensation.
While the court allowed the main claim against Warner Bros. to proceed, it dismissed separate claims against Wyle, Wells, and producer-showrunner R. Scott Gemmill. The justices found insufficient evidence to suggest these individuals were aware they could be violating Crichton's contractual rights. Sherri Crichton expressed deep gratification regarding the decision in a statement shared by her lawyer, looking forward to presenting the case to a jury.
Warner Bros., Wells, and Wyle have denied the allegations, arguing the lawsuit is frivolous and an attempt to violate their free speech rights. Noah Wyle, who starred in 'ER' alongside Anthony Edwards, George Clooney, and Julianna Margulies before taking the lead role in 'The Pitt', issued a sworn statement denying the new show is derivative. Wyle argued that the shows are entirely different, noting that 'ER's Dr. Carter was a wealthy, highly educated doctor from a WASP background, whereas 'The Pitt's Dr. Robinavitch comes from a blue-collar Jewish background, completed his residency in New Orleans, and is recovering from PTSD.
The next hearing in the case is scheduled for January 21 in downtown Los Angeles before Judge Wendy Chang, who previously rejected an anti-SLAPP motion filed by the defendants, ruling that the estate's complaint met the minimal merit standard to proceed.
Sources: Rolling Stone.