Crichton Estate Lawsuit Over The Pitt and ER Similarities Proceeds

A California appeals court has ruled that the estate of Michael Crichton has sufficient evidence to take its lawsuit against Warner Bros. Television to a jury trial. The court found that HBO Max's medical drama 'The Pitt' is similar enough to Crichton's long-running series 'ER' for the copyright case to proceed in Los Angeles Superior Court.

A three-judge panel issued a unanimous opinion, denying Warner Bros. Television's appeal. The judges stated that details presented by the Crichton estate suffice for a prima facie case. They identified clear and numerous similarities between the two shows. The ruling comes after two years of litigation.

Parties dismissed from suit

The court dismissed three individuals as defendants from the lawsuit. Claims against actor Noah Wyle and producers John Wells and R. Scott Gemmill were dropped. This was due to a lack of evidence that they were aware of the specific contractual provisions between Michael Crichton and the studio.

Crichton estate's legal basis

The lawsuit centers on a 1994 contract between Michael Crichton and Warner Bros. Television. That agreement included a 'frozen rights' provision. It blocked the studio from making any new material derivative of 'ER' without Crichton's or his estate's permission. Crichton died in 2008. His widow, Sherri Crichton, who controls his estate, filed the lawsuit in August 2024. She alleges that 'The Pitt' is an uncredited reboot created without the required consent.

According to the estate, reboot discussions with Warner Bros. began in 2020 but collapsed over issues of credit and financial guarantees. Sherri Crichton alleges the studio then began developing 'The Pitt' without her knowledge. She states she learned of the plans in 2022 and that subsequent negotiations halted when proposed terms were revoked. The studio had previously called the lawsuit baseless and filed a motion to dismiss it in August 2025 under California's anti-SLAPP law, which was denied by a judge.

Similarities cited by court

The appeals court listed specific common elements it found between the two series. These similarities formed the basis for allowing the case to move forward.

Defendants' defense and development history

Warner Bros. Television argued that the two shows are unrelated. The studio contended that any similarities are generic elements common to all emergency room dramas. The court rejected this argument.

Those involved with 'The Pitt' stated the project was developed after plans for an official 'ER' reboot failed to materialize. Noah Wyle described the pivot away from the 'ER' intellectual property as liberating. He said it allowed the team to modernize the storytelling without being constrained by homage to the original. Many 'ER' alumni, including Wyle, Wells, and Gemmill, work on 'The Pitt'.

Sherri Crichton expressed gratitude for the appellate decision, stating it has implications for writers, creators, and their estates. 'ER' aired on NBC from 1994 to 2009, earning nearly two dozen Emmy Awards. 'The Pitt' has, over two seasons, won 12 Emmys, two Golden Globes, and a Peabody Award. The case is scheduled to proceed to jury trial in Los Angeles Superior Court.