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

A three‑judge appellate panel issued a 33‑page opinion on Wednesday, concluding that the new series The Pitt is sufficiently alike to the earlier drama ER for the Michael Crichton estate’s claim to move forward. The judges said they had examined the opening scripts and identified notable parallels in plot, themes, dialogue, mood, setting, pace, characters, graphic injury detail and sequence of events. The decision upholds an earlier ruling that the estate had produced enough evidence to pursue the case.

ER debuted in 1994, based on an original screenplay by Michael Crichton, and featured George Clooney, Anthony Edwards, Eriq La Salle and Maria Bello. The series ran for 15 years, delivering 331 episodes and earning 23 Emmy Awards, including Outstanding Drama Series. Talks about reviving the programme began in 2020, with Warner Bros negotiating with Crichton’s estate, but discussions fell apart over credit and financial guarantees, prompting producers to create The Pitt instead.

Sherri Crichton and the John Michael Crichton Trust argue that The Pitt is essentially a re‑branded reboot of ER, merely shifting the setting from Chicago to Pittsburgh without proper attribution or compensation. They contend that many ER alumni such as Noah Wyle, Laura Gemmill and Scott Wells are also involved in the new production.

Warner Bros Television described the suit as baseless in a statement, asserting that The Pitt is a new and original series and that the company will vigorously defend against the meritless claims. 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." Warner Bros has not yet commented on the latest ruling.