Appeals Court: 'ER' and 'The Pitt' Share Enough Traits to Keep Crichton Estate Case Moving
A California panel ruled the shows have minimal similarity, allowing the widow's lawsuit to proceed while dismissing three key industry figures.
By Aaron Foster ·
The legal battle between the estate of Michael Crichton and the makers of HBO Max’s “The Pitt” will continue in court after a California appeals panel ruled on Wednesday that the two medical dramas are similar enough to warrant a trial.
A three-judge panel from the 2nd District Court of Appeal issued a unanimous decision rejecting a motion by Warner Bros. Television to dismiss the case. The ruling allows the suit, filed by Sherri Crichton, to advance past its initial procedural hurdles. This means ordinary viewers and industry observers can expect the legal dispute to enter the fact-finding phase, where evidence of copyright infringement and contract interference will be examined.
The court focused on specific structural similarities between the two series. The judges noted that both programs center almost exclusively on emergency room settings, a distinct choice compared to other medical dramas that follow patients through various hospital departments. The opinion stated that both shows utilize very fast pacing and handle multiple overlapping crises simultaneously. The court observed that the dialogue in both series relies on shorthand and jargon that is frequently incomprehensible to laypeople, creating a sense of immediacy. These elements, the panel decided, provided the minimal similarity required to keep the lawsuit alive.
Despite the overall ruling, the judges dismissed three individual defendants from the case. Noah Wyle, who stars in both “ER” and “The Pitt,” was removed from the suit along with “Pitt” creator John Wells and executive producer R. Scott Gemmill. The panel found no evidence that these three men knew about the specific contract provisions alleged to have been interfered with. Their removal narrows the focus of the litigation primarily on the production company and the estate.
Sherri Crichton filed the lawsuit two years ago, before the first episode of “The Pitt” aired on HBO Max. Her husband, the author of “Jurassic Park,” created “ER,” an NBC series that ran from 1994 to 2009 and redefined the medical drama genre. Crichton had negotiated a “frozen rights” clause in his contract, which prevented Warner Bros. from creating sequels or remakes without his consent, or the consent of his estate after his death in 2008. The suit alleges that the studio ignored this clause and developed “The Pitt” as an unauthorized reboot based on the same premise.
Warner Bros. Television responded to the ruling by maintaining that “The Pitt” is an entirely original series. The company stated in a written release that the claims against it are without merit and that the appellate decision does not change that view. The production company said it looks forward to defending its position as the case proceeds. The defendants had previously argued in court filings that the similarities between the shows were generic traits common to any dramatic story featuring overworked medical staff.
The court’s decision is limited to this early challenge and does not determine whether “The Pitt” is derivative of “ER.” It simply establishes that the lawsuit has sufficient merit to move forward. The case now shifts to the next stage of litigation, where the parties will present detailed arguments and evidence to a jury or judge. The outcome will determine whether the estate recovers damages or whether the series continues without legal encumbrance from the original creator’s heirs.
