{"id":520804,"date":"2026-11-06T18:02:13","date_gmt":"2026-11-06T18:02:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/520804\/"},"modified":"2026-11-06T18:02:13","modified_gmt":"2026-11-06T18:02:13","slug":"er-and-the-pitt-are-similar-enough-for-lawsuit-to-move-forward-appeals-court-finds","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/520804\/","title":{"rendered":"‘ER’ and ‘The Pitt’ Are Similar Enough for Lawsuit to Move Forward, Appeals Court Finds"},"content":{"rendered":"

A three-judge panel from California\u2019s 2nd District Court of Appeal ruled unanimously on Wednesday that the trial court judge was correct to reject a motion to throw out the case from \u201cThe Pitt\u201d production company Warner Bros. Television, which also produced \u201cER.\u201d But the judges dismissed Noah Wyle<\/a> \u2014 the star of both shows and a producer on \u201cThe Pitt\u201d<\/a> \u2014 as a defendant along with two other producers who worked on both series.<\/p>\n

The lawsuit is a clash between the makers of multiple Emmy-winning TV series that were each among the most important and acclaimed shows of their eras.<\/p>\n

Crichton, the author of \u201cJurassic Park\u201d and many other novels that became hit movies and TV shows, wrote the pilot script for \u201cER,\u201d the NBC show about a Chicago emergency room that redefined the medical drama genre and drew tens of millions of weekly viewers in its run from 1994 to 2009.<\/p>\n

The lawsuit brought by Sherri Crichton was filed two years ago, before a single episode of \u201cThe Pitt\u201d had aired. The HBO Max series that shows a real-time day in the life of a Pittsburgh emergency department has since become perhaps the most lauded series in television, winning two Emmys for best drama for its first two seasons and two best actor Emmys for Wyle.<\/p>\n

Along with more technical legal issues, the judges had to decide whether the shows had at least the minimal similarity that would give the lawsuit enough merit to move forward. Their decision applies only to this early legal challenge and they did not rule on whether the plaintiffs had proved the \u201cThe Pitt\u201d is derivative of \u201cER.\u201d<\/p>\n

The court agreed with the plaintiff that \u201cboth shows provide commentaries on the healthcare system; they focus specifically on the emergency room and the difficult conditions under which the medical staff operates. Both shows take place, with little exception, in the emergency room, as opposed to other medical shows which track patients as they move out of the emergency room, or indeed never enter it.\u201d<\/p>\n

The opinion also said that both feature \u201cvery fast pacing, and reactions to multiple overlapping crises. The fast-paced dialogue is (to a layperson) frequently incomprehensible shorthand and jargon, lending an air of immediacy and accuracy.\u201d<\/p>\n

Warner Bros. Television said in a statement that \u201cWBTV continues to maintain that \u2018The Pitt\u2019 is an entirely original series and that the claims against it are without merit. Nothing in the Court of Appeal\u2019s decision establishes otherwise, and WBTV looks forward to defending its position as the case proceeds.\u201d<\/p>\n

The defendants argued in legal filings that the shows have \u201cgeneric similarities\u201d that would exist in \u201cany dramatic story\u201d that features \u201coverworked doctors and staff.\u201d<\/p>\n

The panel also unanimously dismissed as defendants Wyle, John Wells, who created \u201cThe Pitt\u201d and worked on \u201cER,\u201d and R. Scott Gemmill, a \u201cPitt\u201d executive producer who also worked on both shows. The judges found there was no evidence the three men knew the provisions of the Crichton contract that the lawsuit alleges they interfered with.<\/p>\n

Sherri Crichton’s lawsuit alleges \u201cThe Pitt\u201d is a rebranded version of an unauthorized \u201cER\u201d reboot that she had rejected.<\/p>\n

Her husband had secured a coveted \u201cfrozen rights\u201d provision in his contract for the series, prohibiting Warner Bros. from proceeding with any sequels, remakes, spinoffs or other productions derived from \u201cER\u201d without Crichton\u2019s consent, or his estate\u2019s consent after his death from cancer in 2008.<\/p>\n

After the production company could not reach an agreement with Sherri Crichton over a proposed \u201cER\u201d reboot, the TV studio proceeded to develop and produce a series based on the same premise without permission, the lawsuit alleges.<\/p>\n

Copyright 2026 The\u00a0Associated Press<\/a>. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.<\/p>\n

The Month in Photos: Sept. 2026<\/p>\n

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