Original Coverage & Source Attribution: newscord.org
Appeals Court Lets Suit Proceed
A California appeals court ruled that HBO Max drama The Pitt can face a lawsuit brought by Michael Crichton’s widow, Sherri Crichton, over claims that the series is an unauthorized reboot of ER.
The three-judge panel unanimously rejected Warner Bros. Television’s attempt to dismiss the case, writing, “There are clear and numerous similarities between The Pitt and ER,” and pointing to the emergency room setting, fast-paced storytelling, medical terminology, and graphic depictions of injuries.
The court said the similarities were enough for a “prima facie case,” and it allowed the dispute to return to Los Angeles Superior Court for a jury to decide whether The Pitt violates contractual protections tied to Crichton’s 1994 agreement.
The ruling also dismissed separate claims against Noah Wyle, John Wells, and R. Scott Gemmill, with the judges finding insufficient evidence that the three knew their involvement could violate Crichton’s contractual rights.
The Pitt is scheduled for a third season premiere in January 2027, while the legal fight over whether it is a derivative work of ER moves into the next stage.
What some reports left out
The Pitt season three scheduled premiere January 2027
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Season 3 timing3 of 10 outlets reported it · not in BBC and 6 more▾
Crichton Welcomes, Warner Denies
Sherri Crichton welcomed the appeals court decision and said, “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.”
Warner Bros. Television had previously described the lawsuit as “baseless” and sought to have the case dismissed, arguing that The Pitt is an original production and that the similarities are common features of medical dramas.
The appeals court’s reasoning included its comparison of opening episode scripts, with the judges citing similarities in plot, themes, dialogue, mood, setting, pace, characters, graphic injury detail, and sequence of events.
The court also ruled that the case could proceed against Warner Bros. Television, while it reversed or dismissed the separate claims directed at Noah Wyle, John Wells, and R. Scott Gemmill.
Noah Wyle previously described the project’s shift away from the ER reboot idea, saying, “Once we uncoupled ourselves from that IP, it suddenly liberated the storytelling,” on Amy Poehler’s Good Hang podcast.
What Happens Next in Court
The appeals court’s decision means the lawsuit will go to a jury trial in Los Angeles Superior Court unless the parties reach a settlement, with the next step focused on discovery and trial proceedings.
The dispute centers on a 1994 contract provision that Sherri Crichton says included a “frozen rights” clause prohibiting spin-offs, sequels, or reboots of ER without Crichton’s express consent.
Sherri Crichton argued that Warner Bros. began developing the reboot in 2020 without her knowledge and that she did not learn of the plans until 2022, while Warner Bros. denied the allegations and said it would “vigorously defend against these meritless claims.”
The court’s ruling preserved Warner Bros. Television as a defendant while dismissing claims against Wyle, Wells, and Gemmill, leaving the question of whether The Pitt is derivative of ER to be tested at trial.
The Pitt’s third season is set to premiere in January 2027, even as the legal fight over the show’s relationship to ER continues through the Los Angeles court system.
