A California appeals court has found that "ER" and "The Pitt" share enough similarities for a lawsuit alleging "The Pitt" is an unauthorized reboot to move forward. The ruling allows the case brought by the widow and estate of "ER" creator Michael Crichton to proceed.
A three-judge panel from California’s 2nd District Court of Appeal unanimously rejected a motion by Warner Bros. Television, the production company behind both shows, to dismiss the case. However, the court did dismiss Noah Wyle, the star of both series and a producer on "The Pitt," along with two other producers, as defendants.
The lawsuit claims that "The Pitt" is a rebranded version of an "ER" reboot that Sherri Crichton, Michael Crichton's widow, had rejected. Michael Crichton had a contract provision that prohibited Warner Bros. from creating sequels, remakes, or other productions derived from "ER" without his consent or that of his estate after his death in 2008.
The court agreed with the plaintiff that both shows offer commentary on the healthcare system, focusing specifically on the emergency room and the challenging conditions faced by medical staff. The opinion noted that both series primarily take place within the emergency room, unlike other medical dramas that follow patients outside of it. The judges also observed the fast pacing and use of specialized jargon in both shows, which contribute to a sense of immediacy and authenticity.
Warner Bros. had argued that the similarities between the shows were generic and common to any dramatic story about overworked medical staff. The judges found no evidence that the dismissed producers were aware of the specific contract provisions that the lawsuit alleges they interfered with.
Sherri Crichton filed her lawsuit two years ago, before "The Pitt" had aired. The HBO Max series, which depicts a real-time day in a Pittsburgh emergency department, has since received critical acclaim, including two Emmy Awards for best drama and two for best actor for Wyle.