Sherri Crichton, the widow of ER creator Michael Crichton, has secured the right to take Warner Bros. Television to trial over striking similarities between the classic medical drama and the Max series The Pitt, following a California court ruling on Wednesday, November 4, 2026.
A Los Angeles jury trial could arrive in 2027 unless both parties reach a settlement beforehand.
| Key Figure / Entity | Role in ER | Role in The Pitt |
|---|---|---|
| John Wells | Executive Producer | Executive Producer |
| Noah Wyle | Actor | Actor / Lead (Dr. Michael “Robby” Robinavitch) |
| R. Scott Gemmill | Writer / Executive Producer | Creator / Executive Producer |
A Legal Battle Over Medical Dramas
The dispute centers on Warner Bros. Television producing both the enduring 1990s NBC hit ER and the recent Max streaming series The Pitt. The latter stars Noah Wyle and has won 12 Emmys and two Golden Globes across two seasons. Sherri Crichton initiated legal action in August 2024, just five months before the premiere of the first episode.
Michael Crichton originally crafted ER from a screenplay drawn from his own experiences as a medical student. When he signed his 1994 contract with the network, the agreement included a strict “frozen rights” provision. This clause explicitly blocked any spinoff, sequel, or reboot of his work without his direct approval. Following his death in 2008, his estate and surviving family members inherited those contractual protections.
Warner Bros. spent two years attempting to have the lawsuit dismissed. The studio argued that standard tropes within hospital-set television do not constitute copyright infringement. Representatives maintained that overlapping elements simply reflect the standard environment of a high-pressure emergency department.
The Court Weighs in on Shared DNA
The California appeals court rejected the studio’s dismissal bids on Wednesday, November 4, 2026. The panel pointed to a dense web of creative overlap between the two properties. The court highlighted that executive producer John Wells, actor Noah Wyle, and writer-producer R. Scott Gemmill all transitioned directly from the landmark NBC series to the Max production.
According to the Associated Press, the court emphasized specific narrative and stylistic parallels. Both shows unfold within chaotic emergency wards, feature fast-paced and technical medical jargon, and depict exhausted staff members facing constant emotional crises. The court noted that each series introduces a fresh, inexperienced young doctor straight out of medical school who struggles with initial demands.
“There are clear and numerous similarities between The Pitt and ER,” the court stated in its ruling, concluding that the plaintiff presented sufficient evidence to establish a prima facie case. At the same time, the judges dismissed personal liability claims against Noah Wyle, John Wells, and R. Scott Gemmill, narrowing the ongoing legal focus strictly to Warner Bros. Television.
What Lies Ahead for the Dispute
The appeals court decision does not establish legal guilt for copyright infringement. Instead, it grants the estate the opportunity to present its arguments to a jury. Sherri Crichton expressed relief at the outcome, telling Variety that she looks forward to having the case presented in court on behalf of writers, creators, and their families.
The third season of The Pitt is scheduled for release in January 2027. Unless Warner Bros. Television and Sherri Crichton settle out of court beforehand, a trial could be held in Los Angeles.
