A US court has ruled that the medical drama The Pitt bears enough resemblance to the iconic series ER for a lawsuit against its producers to move forward. The decision, handed down by a three-judge panel, paves the way for a jury trial in Los Angeles Superior Court.

The legal battle was initiated by Sherri Crichton, widow of ER creator Michael Crichton. She argues that The Pitt is essentially a reboot of ER, produced without the necessary permission or credit. According to her, Crichton's contract included a "frozen rights" clause that explicitly prohibited any spin-offs, sequels, or reboots of ER without his express consent.

Similarities Cited by the Court

In a 33-page opinion, the judges unanimously upheld an earlier ruling that the Crichton estate had presented sufficient evidence to pursue its claim. They noted "clear and numerous similarities" between the two shows, including the emergency room setting, fast-paced storytelling, extensive use of medical jargon, graphic injury depictions, and the training of young doctors fresh out of medical school.

"We find the details here suffice for a prima facie case," the judges wrote. They also compared the opening episode scripts and found parallels in plot, themes, dialogue, mood, setting, pace, characters, and sequence of events.

However, the panel dismissed separate claims against actor-producer Noah Wyle, executive producer John Wells, and showrunner R Scott Gemmill, citing insufficient evidence that they were aware of potentially violating Crichton's contractual rights.

Background of the Dispute

ER premiered in 1994, based on an original screenplay by Crichton. It starred George Clooney, Anthony Edwards, and Maria Bello, and ran for 331 episodes over 15 years, winning 23 Emmy Awards, including Outstanding Drama Series. The show followed doctors in a Chicago emergency room and became a critical and ratings success.

In 2020, discussions about a possible reboot began, and Warner Bros spent months negotiating with Crichton's estate. Those talks reportedly collapsed over credit and financial guarantees, and the studio moved forward with developing The Pitt instead. Set in Pittsburgh, the series premiered in 2025 and stars Noah Wyle, who also appeared in ER.

The Crichton estate claims that The Pitt uses the same formula, pacing, setting, and style as ER. They argue that producers "simply moved the show from Chicago to Pittsburgh, rebranded it The Pitt, and ploughed ahead without any attribution or compensation for Crichton and his heirs." Many actors and creatives from ER also work on The Pitt, including Wyle, Gemmill, and Wells.

Warner Bros' Response

Warner Bros Television has previously described the lawsuit as "baseless," insisting that The Pitt is a "new and original show." The studio sought to have the case dismissed on appeal, arguing that the shows shared only "generic similarities" common to any medical drama. They have not yet commented on the latest ruling.

Sherri Crichton expressed satisfaction with the decision: "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."

The case now proceeds to trial, where a jury will determine whether The Pitt infringes on the intellectual property rights associated with ER.