A California appeals court ruled on Wednesday that the television series The Pitt shares enough similarities with the classic medical drama ER to allow the estate of ER creator Michael Crichton to pursue its lawsuit. The decision permits the case to move forward after the defendants challenged the validity of the claims in the lower court.
Sherri Crichton, who controls the estate of her late husband, filed the initial lawsuit in August 2024 against Warner Bros. Television and the creative team behind The Pitt. She alleged that the new series constitutes an unauthorized reboot of ER, a show that aired on NBC from 1994 to 2009 and received nearly two dozen Emmy Awards during its run.
The legal dispute centers on an agreement reached in 1994 between Crichton and the studio. According to court filings, the contract stipulated that Warner Bros. would not produce new derivative material from ER without permission from Crichton or his estate. Sherri Crichton claimed she attempted to negotiate a reboot deal with the showrunners but failed to reach terms. She alleged that Warner Bros. began developing the project in 2020 without her knowledge and that she was not informed of the plans until 2022.
In 2022, negotiations between the estate and the studio took place but were eventually halted when the offered terms were revoked. The lawsuit argued that production of The Pitt should have been paused during this period. Warner Bros. subsequently filed a motion to dismiss the case in August 2025, citing California's anti-SLAPP law, which protects individuals from lawsuits that target free speech. A judge in the lower court denied this motion, allowing the suit to proceed to the appeals level.
The defendants, which include actor Noah Wyle, executive producer John Wells, and showrunner Scott Gemmill, appealed the decision. All three individuals were involved in the original ER and are currently key figures in The Pitt. On Wednesday, the three-judge panel again sided with Sherri Crichton. The court noted that there are clear and numerous similarities between the two shows, particularly regarding the focus on the personal and professional lives of a close-knit group of doctors in an emergency room setting.
The panel wrote that while the similarities exist on a spectrum of abstraction, the specific details are sufficient to establish a prima facie case. Although the main difference between the series is their location, with ER set in Chicago and The Pitt set in Pittsburgh, the court found the legal threshold for continuing the lawsuit had been met. Both shows have also featured Wyle in starring roles, adding to the perceived connection between the two productions.
From the beginning, rumors circulated that The Pitt would be a remake of the beloved ER. However, the creators stated before the show's January 2025 debut that it would take its own distinct path. The series has since achieved significant critical acclaim, winning 11 Emmy Awards across its first two seasons, including two best actor wins for Wyle.
Wyle, who also serves as an executive producer, discussed the show's evolution on the podcast Good Hang in late October. He explained that the team initially planned an ER reboot but shifted direction, which allowed them to fast-track development. He described this pivot as liberating the storytelling, allowing the narrative to focus on current issues rather than revisiting past characters. He stated that uncoupling from the original IP allowed the team to modernize the story without feeling obligated to pay homage to the previous series.
Sherri Crichton, Warner Bros., Wyle, Wells, and Gemmill did not immediately respond to requests for comment following the appellate court's ruling.
