A California appeals court has cleared the way for a lawsuit brought by the estate of “ER” creator Michael Crichton to proceed against HBO’s hit medical drama “The Pitt,” ruling that the two shows share clear and numerous similarities.
The unanimous three-judge panel on Wednesday, November 4, 2026, upheld a lower court’s decision, allowing Sherri Crichton, Crichton’s widow, to pursue her claim that “The Pitt” is an unauthorized reboot of the NBC series in violation of a 1994 contract.
Court Allows “ER” Estate to Pursue HBO Lawsuit
Filed in August 2024, five months before “The Pitt” debuted, the lawsuit alleges that Warner Bros. Television developed the new series after negotiations with Sherri Crichton over a proposed “ER” reboot collapsed. According to the suit, Crichton’s 1994 agreement with Warner Bros. included a “frozen rights” provision that prohibited the studio from creating any spinoffs or reboots derived from “ER” without his or his estate’s consent. Crichton died in 2008.
The estate claims that after the studio could not reach an agreement with Sherri Crichton, it 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. has consistently maintained that “The Pitt” is an entirely original series and that the claims are without merit.
There are clear and numerous similarities between The Pitt and ER.
California appeals court ruling
The legal battle hinges on the definition of a derivative work. The appeals court found the Crichton estate presented enough evidence for a prima facie case, allowing the lawsuit to move forward to a potential jury trial. The judges compared the emergency room settings, fast pace, medical jargon, graphic depictions of injuries, and the presence of a young, incompetent doctor fresh from medical school as key points of similarity.
Creators Dismissed, but Warner Bros. Faces Trial
While the lawsuit will proceed against Warner Bros. Television, the appeals court dismissed claims against “The Pitt”’s key creative team: star Noah Wyle, executive producer John Wells, and showrunner R. Scott Gemmill. The judges found no evidence that these individuals were aware they could be violating Crichton’s contractual rights by creating the show.
Wyle, who starred as Dr. John Carter in “ER” and plays the lead in “The Pitt,” has previously spoken about the project’s origins. He described the initial plan for an “ER” reboot and how disconnecting from that intellectual property ultimately liberated the storytelling. It wasn’t about ‘who do we see again’ and ‘what have they been up to’.
he said.
This is exactly the kind of case that deserves a quick dismissal, because it’s intruding on creative expression and free speech.
Ted Boutrous, attorney for Warner Bros. and producers
The defendants had argued in legal filings that the two shows share only generic similarities
that would exist in any dramatic story involving emergency room doctors.
Warner Bros. had also filed a motion to dismiss the case under California’s anti-SLAPP statute, which aims to protect against lawsuits that target free speech. A judge initially denied that motion, and the appeals court’s decision affirms that ruling.
What Comes Next: A Jury Trial in 2027
With the anti-SLAPP challenge resolved, the case will now proceed to discovery and, unless the parties reach a settlement, a jury trial in Los Angeles. Sherri Crichton expressed her satisfaction with the court’s decision.
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.
Sherri Crichton, widow of Michael Crichton
The financial stakes are significant. “The Pitt,” which has won two Emmys for best drama for its first two seasons and two best actor Emmys for Wyle, adds another layer of potential financial and legal repercussions for Warner Bros.
Meanwhile, production on “The Pitt” continues, with its third season set to debut in January 2027.
