Court Rules The Pitt and ER Similar Enough for Michael Crichton Estate Lawsuit to Proceed

Court Rules The Pitt and ER Similar Enough for Michael Crichton Estate Lawsuit to Proceed

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A California appeals court ruled that the Emmy-winning medical drama The Pitt is similar enough to Michael Crichton’s 1990s hit ER for his widow’s lawsuit to proceed. Warner Bros. Television’s appeal to dismiss the case was denied by the three-judge panel, which found “clear and numerous” similarities between the shows.

Court Finds Sufficient Similarities

The court, in a 33-page opinion, compared the pilot scripts for both shows and concluded there was enough evidence of similarities in plot, themes, dialogue, mood, settings, pacing, characters, and sequence of events to allow the lawsuit to move forward. There are clear and numerous similarities between ‘The Pitt’ and ‘ER, the ruling stated, citing the emergency room setting, fast pace, medical jargon, graphic depictions of injuries, and a young, incompetent doctor fresh from medical school as details that suffice for a prima facie case.

Warner Bros. had argued the shows shared only “generic similarities” common to any dramatic story involving emergency room doctors. The studio had filed a motion to throw out the suit under California’s anti-SLAPP statute, which is meant to deter frivolous lawsuits. That motion was previously denied by a Los Angeles County Superior Court judge, and the appellate ruling upheld that decision.

'The Pitt' and 'ER' are similar enough for lawsuit to proceed, court rules

Dismissal of Key Creators

While the lawsuit against Warner Bros. will proceed, the appeals court dismissed claims against key figures behind The Pitt: star Noah Wyle, producer John Wells, and producer-showrunner R. Scott Gemmill. The court found no evidence that these individuals were aware they could be violating Crichton’s contractual rights when creating the show.

Estate’s Victory and Next Steps

Sherri Crichton, the author’s widow, filed the suit in August 2024, alleging that The Pitt was an unauthorized reboot of ER. She claimed the show was developed after an initial plan to reboot ER failed to secure her permission. 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, Crichton said in a statement.

Appeals Court Says Lawsuit Over ‘The Pitt’ Can Proceed, Cites ‘Numerous’ Similarities to ‘ER’
Photo: Rolling Stone

The question of whether The Pitt is a derivative work of ER is now set for a jury trial in Los Angeles, unless the parties reach a settlement before that point. Wyle plays the lead role in The Pitt, which the sources state is similar enough to ER to allow a lawsuit to proceed.

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