Appeals Court Lets Estate’s ‘The Pitt’ Similarity Suit Proceed
WHO:
The Guardian - Michael Crichton created *ER*, which was based on a film script he wrote about his experiences as a medical student.
The Guardian - Sherri Crichton filed her lawsuit in August 2024, five months before *The Pitt*’s first episode debuted.
The Guardian - Dr. Michael “Robby” Robinavitch is the character Noah Wyle plays in *The Pitt*; Wyle played Dr. John Carter in *ER*.
The Guardian - The court dismissed actor Noah Wyle, executive producer John Wells and showrunner R. Scott Gemmill as defendants, finding no evidence they knew creating *The Pitt* could violate Michael Crichton’s contractual rights.
The Guardian - Sherri Crichton said she looked forward to discovery and presenting the case to a jury, adding that it affects “writers, creators and their families and estates.”
Variety - Michael Crichton’s widow is pursuing a lawsuit concerning *The Pitt*.
Variety - Warner Bros. Television appealed, arguing that *The Pitt* and *ER* are unrelated.
Deadline - The case involves producers of *The Pitt* and the Michael Crichton Estate.
Deadline - Noah Wylie stars in *The Pitt*.
Rolling Stone TV Movies - Michael Crichton’s estate brought the lawsuit against Warner Bros.
WHAT:
The Guardian - The court cited as a similarity that each show includes “a young doctor, fresh from medical school and incompetent.”
The Guardian - Warner Bros. Television sought to dismiss the lawsuit under California’s anti-SLAPP statute; Judge Wendy Chang denied the motion in 2025.
The Guardian - The *ER* reboot did not proceed, and the team instead developed *The Pitt* as a medical drama about health workers’ experiences during the pandemic.
The Guardian - The court cited both shows’ emergency-room settings, “frequently incomprehensible” medical jargon, overlapping crises, graphic injuries, exhausted doctors and nurses, emotional outbursts, and a newly graduated, incompetent doctor.
The Guardian - The court found the details sufficient for a “prima facie case”; the suit is headed to a Los Angeles jury trial unless the parties settle.
The Guardian - *The Pitt* has won 12 Emmys, two Golden Globes and a Peabody over two seasons.
The Guardian - The court said the lawsuit could proceed against Warner Bros. Television, while dismissing Wyle, Wells and Gemmill as defendants.
Variety - A three-judge appeals court panel unanimously denied Warner Bros. Television’s appeal, allowing Crichton’s widow to pursue her lawsuit over *The Pitt*.
Variety - The panel ruled that *The Pitt* is similar enough to *ER* for the lawsuit to proceed.
Deadline - Warner Bros. was rebuffed by an appeals court in its effort to prevent the dispute from heading to trial.
Deadline - The lawsuit concerns whether the HBO Max series *The Pitt* is derivative of *ER*.
Rolling Stone TV Movies - The estate claims Warner Bros.’ medical drama *The Pitt* is derivative of Crichton’s 1990s television show *ER*.
WHERE:
Rolling Stone TV Movies - *ER* is described as a television show set in a hospital emergency room.
WHEN:
The Guardian - Crichton died in 2008.
The Guardian - *The Pitt* season three will start broadcasting in January.
Deadline - The appeals court heard arguments in the dispute two months before its ruling.
Deadline - *The Pitt* was deep into production on its upcoming third season.
Deadline - The article says *The Pitt* would have to go to court the following year.
WHY:
The Guardian - The court noted that Crichton’s 1994 contract with Warner Bros. Television included a “frozen rights” provision requiring his approval for spin-offs or reboots.
Variety - The appeal was denied because the panel found “clear and numerous” similarities between *The Pitt* and *ER*.
Deadline - The dispute turns on whether *The Pitt* is derivative of *ER*.
HOW:
The Guardian - Wyle said that separating *The Pitt* from the *ER* intellectual property freed the storytelling to focus on current issues rather than revisiting characters and their histories.
The Guardian - The court found the defendants’ claimed similarities were not merely generic features common to emergency-room dramas.
Variety - A unanimous decision by a three-judge appeals court panel rejected Warner Bros. Television’s appeal, allowing the lawsuit to continue toward trial.
(UPDATED November 5, 2026 17:03 UTC)
An appeals court unanimously allowed Michael Crichton’s estate lawsuit over *The Pitt* to proceed toward trial. Judges found numerous similarities with *ER*, including emergency-room crises and a newly graduated doctor. The case continues against Warner Bros. Television; Noah Wyle and two producers were dismissed.
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(UPDATED November 5, 2026 13:03 UTC)
An appeals court let Michael Crichton’s estate pursue its lawsuit against Warner Bros. Television. The judges found enough similarities between “The Pitt” and “ER” for trial. The court dismissed three individual defendants, but the dispute could reach a jury.
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(UPDATED November 5, 2026 07:02 UTC)
An appeals court unanimously rejected Warner Bros.’ bid to stop a lawsuit over *The Pitt*. Judges found enough similarities to *ER* for Michael Crichton’s widow to proceed. The estate claims the HBO Max medical drama derives from Crichton’s earlier television series.