Court rules The Pitt similar enough to ER for lawsuit to proceed

The medical drama The Pitt is similar enough to its spiritual predecessor ER for a long-running legal battle to proceed to a jury trial, according to the Guardian ^[1]. In a unanimous opinion, a three-judge panel found "clear and numerous similarities" between the two shows, denying an appeal from Warner Bros Television to dismiss the case.

Sherri Crichton, the widow of ER creator Michael Crichton, filed the lawsuit in August 2024, alleging that The Pitt is an unauthorised reboot of her late husband’s iconic series. She claims the production violated a "frozen rights" clause in Michael Crichton’s 1994 contract, which required his approval for any spin-offs or reboots, as reported by the BBC ^[2].

The court cited specific parallels, including the emergency room setting, the use of "frequently incomprehensible" medical jargon, and the inclusion of young, incompetent doctors fresh from medical school. The ruling noted that both shows feature exhausted staff having emotional outbursts and graphic depictions of injuries. "We find the details here suffice for a prima facie case," the judges stated.

However, the court dismissed separate claims against actor Noah Wyle, executive producer John Wells, and showrunner R Scott Gemmill. The Daily Mail reported ^[3] that judges found insufficient evidence that these individuals were aware they might be violating Crichton’s contractual rights. Wyle, who starred in ER as Dr John Carter and now leads The Pitt, has previously acknowledged that the new show emerged after an ER reboot fell through.

Warner Bros Television had argued that the similarities were "generic" to any emergency room drama. "It cannot be that all shows set in an emergency room are derivative of ER," the defendants contended. Despite this, the appeals court upheld an earlier ruling that the estate had presented enough evidence to proceed.

Sherri Crichton expressed satisfaction with the decision, stating she is "deeply gratified" and looks forward to presenting her case to a jury. The lawsuit will now move to discovery and potentially a trial in Los Angeles, unless a settlement is reached. The Pitt, which has won multiple Emmys and Golden Globes, is set to return for its third season in January.