Appeals court orders Warner Bros to trial in Crichton lawsuit
A unanimous panel found The Pitt shares enough specific details with ER to satisfy legal standards, ending a two-year dispute over the medical drama.
By Harvey Wilson ·
A three-judge panel of the US Court of Appeals ruled on Wednesday that Warner Bros Television must proceed to a jury trial regarding the medical drama The Pitt. The unanimous decision allows the estate of Michael Crichton to continue its lawsuit against the studio, marking the end of a two-year legal battle over the show's origins.
The court cited specific parallels between the two series. Both are set in emergency rooms and feature "frequently incomprehensible" medical jargon. The ruling noted that both shows depict overlapping crises, graphic injuries, and exhausted staff members. The judges also pointed to a recurring character archetype, stating that each series includes a young doctor who is fresh from medical school and incompetent.
Warner Bros Television had argued that these elements were generic to the genre. The studio contended that the similarities were too broad and that not every emergency room drama could be considered derivative of ER. However, the appellate panel concluded that the specific details were sufficient to establish a prima facie case.
Sherri Crichton, the widow of the late author and creator of ER, filed the suit in August 2024. She alleged that The Pitt was an unauthorized reboot of her husband's work. Crichton's 1994 contract with Warner Bros included a frozen rights provision that prohibited spin-offs or reboots without his approval. Crichton died in 2008.
The court dismissed three individual defendants: John Wells, Noah Wyle, and R Scott Gemmill. The panel found no evidence that the creative team was aware their work violated the contractual rights held by the Crichton estate. Wells served as an executive producer on The Pitt and previously ran ER. Wyle starred in both series, playing Dr. John Carter in ER and Dr. Michael Robinavitch in The Pitt. Gemmill wrote for ER and now serves as showrunner for The Pitt.
The legal path to trial began in 2025 when Judge Wendy Chang denied Warner Bros' motion to dismiss under California's anti-SLAPP statute. Chang found that Crichton had provided enough evidence to move forward. The case will now be heard by a jury in Los Angeles unless the parties reach a settlement.
The Pitt has won 12 Emmys, two Golden Globes, and a Peabody Award over two seasons. Season three of the series is scheduled to begin broadcasting in January.
