Court allows lawsuit by Michael Crichton's heirs against creators of The Pitt series to proceed

The lawsuit will proceed further

The US Court of Appeals ruled that the medical drama series The Pitt is sufficiently similar to ER for the lawsuit against its creators to proceed to a jury trial in Los Angeles. Sherry Crichton, the widow of ER creator Michael Crichton, claims that The Pitt is effectively a reboot of her husband's series, produced without proper authorization or credit. According to her version, Crichton's contract contained a 'frozen rights' clause prohibiting the creation of spin-offs, sequels, or reboots of ER without his explicit consent. A panel of three judges pointed out 'clear and numerous similarities between The Pitt and ER' and wrote: 'We believe the details presented are sufficient for a prima facie case.' The case will now move to a jury trial at the Los Angeles Superior Court.

What the court found similar and what was dismissed

The court listed similarities: the emergency room set, fast pace, medical jargon, realistic depictions of injuries, and the training of young doctors who have just graduated from medical school. The judges compared the scripts of the first episodes of both series and found sufficient overlaps in plot, themes, dialogue, mood, settings, pace, characters, injury details, and sequence of events. On appeal, Warner Bros insisted that the series share only 'general similarities' inherent to 'any dramatic story about emergency room doctors' and previously called the lawsuit 'baseless,' asserting that The Pitt is 'a new and original series.' However, the same judges dismissed separate claims against actor-producer Noah Wyle, executive producer John Wells, and showrunner R. Scott Gemmill: in their view, there is insufficient evidence that these three knew about the potential breach of Crichton's contractual rights. Warner Bros has not yet commented on the new ruling.

Background of the dispute

ER premiered in 1994 based on Crichton's original script; over 15 years, 331 episodes were produced, and the series won 23 Emmy Awards, including the award for Best Drama Series. Negotiations regarding a possible reboot began in 2020: Warner Bros spent months negotiating with Crichton's estate, but, according to reports, they collapsed due to issues of authorship and financial guarantees, after which the producers turned their attention to The Pitt. The plaintiffs claim that the producers 'simply moved the show from Chicago to Pittsburgh, renamed it The Pitt, and moved on without any attribution or compensation for Crichton and his heirs'; many creators of ER, including Wyle, Gemmill, and Wells, are working on The Pitt. After the lawsuit was filed in 2024, the studio stated it would 'vigorously defend against these baseless claims.' In a 33-page ruling published on Wednesday, the panel unanimously upheld an earlier decision that Crichton's estate had presented sufficient evidence. Sherry Crichton stated she is 'deeply satisfied' with the appellate court's decision and looks forward to presenting the case to the jury, adding that the case 'affects screenwriters, creators, their families, and their legacies.'

Image source, HBO Max/Warner Bros

Image source, Getty Images