Appeals Court Allows 'ER' Estate Lawsuit Against 'The Pitt' to Proceed

Los Angeles residents and fans of television medical dramas now face a legal battle that will determine the lineage of one of the genre's modern hits. A three-judge panel from California's 2nd District Court of Appeal ruled unanimously on Wednesday that the lawsuit against HBO Max's 'The Pitt' can move forward. The decision allows the estate of Michael Crichton to pursue claims that the series is an unauthorized reboot of 'ER.'

The court rejected a motion by Warner Bros. Television to throw out the case. The production company argued that the similarities between the two shows were too generic to support the claim. However, the judges found that the trial court judge was correct in allowing the case to continue based on the specific nature of the two productions.

Sherri Crichton filed the lawsuit two years ago, before any episode of 'The Pitt' aired. The series, which depicts a real-time day in a Pittsburgh emergency department, has since won two Emmys for best drama and two for best actor for its star, Noah Wyle. Crichton, the author of 'Jurassic Park,' wrote the pilot script for 'ER,' which ran on NBC from 1994 to 2009.

The legal dispute centers on a 'frozen rights' provision in Crichton's original contract. This clause prohibited Warner Bros. from creating sequels, remakes, or spinoffs without his consent. After Crichton died of cancer in 2008, the right passed to his estate. The lawsuit alleges that when the studio could not agree with Sherri Crichton on a proposed reboot, it proceeded to develop 'The Pitt' without permission.

The appeals court opinion detailed specific parallels between the two series. The judges noted that both shows provide commentary on the healthcare system and focus specifically on the emergency room. They observed that both series take place almost exclusively within that setting, unlike other medical shows that follow patients as they leave the emergency room or never enter it at all.

The court also pointed to the pacing and dialogue style of both programs. The opinion stated that both features involve very fast pacing and reactions to multiple overlapping crises. The judges described the dialogue as frequently incomprehensible shorthand and jargon to a layperson, which lends an air of immediacy and accuracy to the storytelling.

While the case proceeds against the production company, the panel dismissed three individual defendants: Noah Wyle, creator John Wells, and executive producer R. Scott Gemmill. All three men worked on both 'ER' and 'The Pitt.' The judges found no evidence that these individuals knew about the specific provisions in the Crichton contract that the estate alleges they interfered with.

Warner Bros. Television issued a statement maintaining that 'The Pitt' is an entirely original series. The company said the claims against it are without merit and that the appeals court decision does not establish otherwise. The studio said it looks forward to defending its position as the case moves forward in the lower court.

The defendants had argued in earlier filings that the similarities were generic elements that would exist in any dramatic story featuring overworked doctors and staff. The court's ruling does not decide whether the plaintiffs have proved that 'The Pitt' is derivative of 'ER.' It only determines that the shows are similar enough for the lawsuit to survive the initial legal challenge.