Warner Bros. Faces Continuing 'ER' Reboot Lawsuit After Appeals Court Ruling
A California panel ruled that 'The Pitt' shares enough DNA with 'ER' to keep the widow of Michael Crichton's copyright claim alive, despite the studio's originality argument.
By Neha Kapoor ·
Sherri Crichton will continue her legal fight against Warner Bros. Television after a California appeals court rejected the studio's attempt to dismiss her copyright claim. The three-judge panel from the 2nd District Court of Appeal issued its unanimous decision on Wednesday, finding that the television series "The Pitt" and "ER" are similar enough to warrant a trial. The ruling allows the lawsuit to proceed despite the defense's argument that the similarities are generic to the medical drama genre.
The court did not decide if "The Pitt" is a copy of "ER," but it ruled that the two shows share distinct characteristics that survive the early stage of litigation. The judges noted that both series focus exclusively on the emergency room setting. They cited the shows' commentary on the healthcare system and the difficult conditions faced by medical staff. The opinion also pointed to the "very fast pacing" and the use of jargon that creates a sense of immediacy for viewers. These elements, the court said, distinguish the two programs from other medical dramas that follow patients leaving the emergency department.
The dispute centers on a "frozen rights" provision in Michael Crichton's original contract. Crichton, who wrote the pilot for the NBC hit that ran from 1994 to 2009, secured this clause to prevent Warner Bros. from creating sequels, remakes, or spinoffs without his consent. After Crichton died of cancer in 2008, the right to approve such projects passed to his estate. Sherri Crichton filed the lawsuit two years ago, before any episode of "The Pitt" aired on HBO Max. She alleges the new series is a rebranded version of an unauthorized "ER" reboot that she had rejected.
Noah Wyle, John Wells, and R. Scott Gemmill were dismissed as individual defendants in the same ruling. Wyle stars in both productions and serves as a producer on "The Pitt." Wells created "The Pitt" and worked on "ER," while Gemmill is an executive producer on "The Pitt" who also has ties to the original series. The judges found no evidence that these three men knew the specific terms of the Crichton contract. They therefore could not have interfered with the contractual rights alleged in the suit.
Warner Bros. Television maintains that "The Pitt" is an entirely original series. In a statement, the studio said the claims against it are without merit. The company noted that the appellate decision does not establish that "The Pitt" is derivative. Warner Bros. Television said it looks forward to defending its position as the case moves forward. The defense had argued in legal filings that the similarities between the two shows are found in any dramatic story featuring overworked doctors and staff.
The HBO Max series has become one of the most acclaimed shows in recent television history. It won two Emmys for best drama for its first two seasons. Wyle also received two best actor Emmys for his performance. The original "ER" drew tens of millions of weekly viewers during its fifteen-year run. The clash between the two productions represents a legal test of how far a new medical drama can go before it crosses the line into unauthorized territory.
