Warner Bros. TV faces 'ER' reboot lawsuit after appeals court ruling

A California appeals court has allowed a lawsuit to proceed, finding that the medical drama 'The Pitt' shares enough similarities with 'ER' to survive an early challenge. The ruling was issued by a three-judge panel from the 2nd District Court of Appeal. The panel voted unanimously to reject a motion filed by Warner Bros. Television to dismiss the case. The lawsuit was brought by the estate of Michael Crichton, the creator of 'ER'.

The court determined that both series focus specifically on the emergency room and the difficult conditions faced by medical staff there. The opinion noted that both shows take place almost entirely in the emergency department, unlike other medical dramas that follow patients as they move through the hospital. The judges also cited the fast pacing and overlapping crises as common elements. They observed that the dialogue in both series uses shorthand and jargon that creates a sense of immediacy for viewers.

The ruling does not decide whether 'The Pitt' is a derivative work of 'ER'. It only addresses whether the claims have enough merit to continue in the legal system. The lawsuit was filed two years ago, before the first episode of 'The Pitt' aired on HBO Max. The series has since won two Emmys for best drama and two for best actor for its star, Noah Wyle. The show depicts a real-time day in a Pittsburgh emergency department.

Michael Crichton wrote the pilot script for 'ER,' which aired on NBC from 1994 to 2009. The show became a defining medical drama and drew tens of millions of weekly viewers. Crichton also wrote 'Jurassic Park' and other novels adapted for screen. He died of cancer in 2008. His widow, Sherri Crichton, filed the suit on behalf of his estate. The complaint alleges that 'The Pitt' is a rebranded version of an unauthorized reboot that she had previously rejected.

The legal dispute centers on a 'frozen rights' provision in Crichton's contract. This clause prohibited Warner Bros. from creating sequels, remakes, or spinoffs without consent from Crichton or his estate. The lawsuit claims the studio developed a series based on the same premise after failing to reach an agreement on a proposed reboot. The defendants argued that the similarities between the two shows are generic and would exist in any story about overworked doctors.

In a statement, Warner Bros. Television said it maintains that 'The Pitt' is an entirely original series. The company stated that the claims are without merit and that the appeals court decision does not prove otherwise. Warner Bros. Television said it looks forward to defending its position as the case proceeds. The production company also produced 'ER'.

The appeals court also dismissed three individuals from the case. Noah Wyle, who starred in both shows and produced 'The Pitt,' was removed as a defendant. The panel also dismissed John Wells, who created 'The Pitt' and worked on 'ER,' and R. Scott Gemmill, an executive producer on 'The Pitt' who also worked on the original series. The judges found no evidence that these three men knew the specific provisions of the Crichton contract that the lawsuit alleges they interfered with.