The Pitt Faces ER Estate Lawsuit After Appeals Court Ruling

The legal dispute between two of television's most acclaimed medical dramas has cleared a major procedural hurdle in California. A three-judge panel from the state's 2nd District Court of Appeal ruled unanimously on Wednesday that the lawsuit against The Pitt can move forward.

The court rejected a motion by Warner Bros. Television to dismiss the case. The network, which produced both the original series and the new HBO Max show, argued that the similarities between the two programs were generic traits found in any story about overworked doctors.

The judges disagreed. They found that both ER and The Pitt provide commentary on the healthcare system with a specific focus on the emergency room. The opinion noted that both shows take place almost entirely within the ER, unlike other medical dramas that follow patients as they move to other departments or never enter the ER at all.

The panel also cited the fast pacing and reactions to overlapping crises as key similarities. They observed that the dialogue in both series uses shorthand and jargon that lends an air of immediacy and accuracy to the proceedings.

The legal battle stems from a contract provision secured by Michael Crichton, the author of Jurassic Park and creator of ER. The clause, known as frozen rights, prohibited Warner Bros. from creating sequels, remakes, or spinoffs without his consent. After Crichton died of cancer in 2008, his widow, Sherri Crichton, inherited the estate's control over these rights.

Sherri Crichton filed the lawsuit two years ago, before a single episode of The Pitt aired. She alleged that the network developed a new series based on the same premise after failing to reach an agreement with her for a proposed reboot. The HBO Max 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.

In a statement, Warner Bros. Television maintained that The Pitt is an entirely original series. The network said the claims against it are without merit and that nothing in the Court of Appeal's decision establishes otherwise. The studio said it looks forward to defending its position as the case proceeds.

The appeals panel also dismissed three individual defendants from the case. The judges found no evidence that Noah Wyle, John Wells, and R. Scott Gemmill knew the specific provisions of the Crichton contract that the lawsuit alleges they interfered with. Wyle stars in both series and serves as a producer on The Pitt, while Wells created the new show and worked on ER.