A US appeals court has ruled that the medical drama The Pitt is sufficiently similar to the series ER for a lawsuit against its producers to proceed. Sherri Crichton, the widow of ER creator Michael Crichton, and the John Michael Crichton Trust argue the show is an uncredited reboot made without proper permission or credit. Sherri Crichton says her husband’s contract included a “frozen rights” provision. The three-judge panel said the similarities were “clear and numerous” and allowed the case to go to a jury trial in Los Angeles Superior Court. However, the judges dismissed separate claims against actor-producer Noah Wyle, executive producer John Wells and showrunner R Scott Gemmill, citing insufficient evidence that they were aware they could be violating Crichton’s contractual rights.
In a 33-page opinion published on Wednesday, the panel unanimously upheld an earlier ruling that Crichton's estate had presented enough evidence to pursue its claim. The judges said they compared the opening episode scripts of both shows and found sufficient similarities in plot, themes, dialogue, mood, setting, pace, characters, graphic injury detail and sequence of events. The court cited the emergency room setting, fast pace, use of medical jargon, graphic depictions of injuries and the presence of younger doctors fresh from medical school being trained as common elements.
ER launched in 1994, based on an original screenplay by Crichton. It ran for 331 episodes over 15 years, won 23 Emmy Awards including outstanding drama series, and starred George Clooney, Anthony Edwards, Eriq La Salle and Maria Bello. The Pitt, which first aired in 2025, is set in a Pittsburgh emergency room and stars Noah Wyle, who previously appeared in ER. Many other creatives from ER also work on The Pitt, including executive producer John Wells and showrunner R Scott Gemmill.
Discussions about a possible reboot of ER began in 2020, and Warner Bros spent months negotiating with Crichton's estate. Those talks were reported to have collapsed over credit and financial guarantees, and producers began developing The Pitt in its place. Sherri Crichton and the John Michael Crichton Trust argue the show is a rebranded but uncredited reboot, using the same formula, pacing, style and setting. They said the producers “simply moved the show from Chicago to Pittsburgh, rebranded it The Pitt, and ploughed ahead without any attribution or compensation for Crichton and his heirs”.
Warner Bros Television previously said the lawsuit was "baseless" and argued The Pitt was a "new and original show", adding that it would "vigorously defend against these meritless claims". The studio had sought to have the lawsuit dismissed on appeal, contending the shows shared only "generic similarities" common to any dramatic story involving emergency room doctors.
Sherri Crichton said after the ruling: "I am deeply gratified by the Court of Appeal decision and look forward to discovery and to our case, which affects writers, creators, and their families and estates, being presented to a jury." Warner Bros has not yet commented on the latest ruling.
Analysis
Why This Matters
- This case tests the enforceability of 'frozen rights' clauses, which can prevent studios from creating spin-offs or reboots without the original creator's consent.
- The outcome will affect how estates of deceased creators can control the use of their work, and may shape how studios develop series that follow similar formulas.
- The lawsuit highlights the thin line between homage, reboot and original creation in the entertainment industry.
Background
ER launched in 1994 and ran for 15 years, winning 23 Emmys. The Pitt premiered in 2025, produced by Warner Bros Television. An earlier attempt to revive ER collapsed in 2020 after negotiations between the studio and Crichton's estate failed. The current lawsuit was filed in 2024 by Sherri Crichton and the John Michael Crichton Trust.
Key Perspectives
Sherri Crichton: The Pitt is a rebranded but uncredited reboot of ER, made without proper attribution or compensation, violating the frozen rights provision in Michael Crichton's contract.
Warner Bros Television: The lawsuit is baseless; The Pitt is a new and original show, and any similarities are generic and common to all emergency room dramas.
Three-judge panel: There are clear and numerous similarities between the shows sufficient for a prima facie case to proceed to trial, but insufficient evidence to hold individual producers liable.
What to Watch
- The case will proceed to a jury trial in Los Angeles Superior Court, where the central question of infringement will be decided.
- Warner Bros may seek further pre-trial motions, but the appeal court's decision suggests the trial is likely.
- The ruling could influence other cases involving attempts to revive or repurpose classic shows without estate consent.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe court ruled The Pitt and ER are similar enough for the lawsuit to proceed.BBC News: “US drama The Pitt is similar enough to medical series ER for a lawsuit against its producers to progress, a court in the US has ruled.”
- SupportedThe three-judge panel rejected Warner Bros’ bid to dismiss the case but dismissed claims against Noah Wyle, John Wells and R Scott Gemmill.BBC News: “Warner Bros had sought to have the lawsuit dismissed on appeal”
- SupportedThe judges dismissed the claims against the three producers because there was insufficient evidence they knew they could be violating Crichton’s contractual rights.BBC News: “The justices said there was insufficient evidence to show the three producers were aware they could be violating Crichton's contractual rights.”
- SupportedSherri Crichton said her husband’s contract included a “frozen rights” provision restricting spin-offs, sequels or reboots without his express consent.BBC News: “Sherri Crichton says her husband's contract included a "frozen rights" provision that prohibited any spin-offs, sequels or reboots of ER being made without his express consent.”
- SupportedThe panel described the similarities between the shows as “clear and numerous.”BBC News: “A three-judge panel said there are "clear and numerous similarities between The Pitt and ER," which means the case can go ahead.”
- SupportedThe judges compared the shows’ opening episode scripts and found similarities in plot, themes, dialogue, mood, setting, pace, characters, graphic injury detail and sequence of events.BBC News: “The judges said they had compared the opening episode scripts for the two shows and found sufficient similarities in plot, themes, dialogue, mood, setting, pace, characters, graphic injury detail and sequence of events.”
- SupportedThe Crichton estate said producers “simply moved the show from Chicago to Pittsburgh, rebranded it The Pitt, and ploughed ahead without any attribution or compensation for Crichton and his heirs”.BBC News: “They said producers "simply moved the show from Chicago to Pittsburgh, rebranded it The Pitt, and ploughed ahead without any attribution or compensation for Crichton and his heirs".”
- SupportedWarner Bros Television called the lawsuit “baseless”, described The Pitt as a “new and original show” and said it would “vigorously defend against these meritless claims”.BBC News: “Warner Bros Television said in a statement that the lawsuit was "baseless", arguing that The Pitt was a "new and original show", adding that the studio would "vigorously defend against these meritless claims".”
- SupportedSherri Crichton said she was “deeply gratified” by the ruling and looked forward to the case being presented to a jury.BBC News: “Sherri Crichton said: "I am deeply gratified by the Court of Appeal decision and look forward to discovery and to our case, which affects writers, creators, and their families and estates, being presented to a jury."”
- SupportedWarner Bros had not commented on the latest ruling at the time of the report.BBC News: “Warner Bros has not yet commented on the latest ruling.”
- SupportedER launched in 1994.BBC News: “ER launched in 1994, based on original screenplay written by Crichton.”
- SupportedDiscussions about an ER reboot began in 2020; after negotiations with Crichton’s estate reportedly collapsed over credit and financial guarantees, producers began developing The Pitt in its place.BBC News: “Discussions about a possible reboot of the show began in 2020, and studio Warner Bros spent months negotiating with Crichton's estate. Those talks were reported to have collapsed over credit and financial guarantees, and producers began developing The Pitt in its place.”