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A three-judge panel of the California Second District Court of Appeal determined on November 5, 2026, that HBO’s medical drama The Pitt is similar enough to the 1990s series ER for a breach of contract lawsuit filed by Sherri Crichton to proceed against Warner Bros Television. The unanimous opinion found that the estate of Michael Crichton, who co-created ER before his death in 2008, had presented sufficient evidence for a prima facie case, according to the court’s written ruling. This decision upholds an earlier denial of Warner Bros’ motion to dismiss the case under California’s anti-SLAPP law, which aims to protect creative expression from meritless litigation.
The appeals court cited multiple specific overlaps between the two shows after comparing their pilot scripts, including the shared emergency room setting, rapid pace, heavy use of complex medical jargon and graphic portrayals of injuries. Both productions also feature exhausted staff experiencing emotional outbursts alongside a young doctor fresh from medical school who struggles with competence, the ruling stated. A Variety assessment of the opinion noted that these elements, when combined, went beyond generic genre conventions to support the estate’s claims.
Sherri Crichton initiated the lawsuit in August 2024, months before The Pitt debuted, asserting that the series functions as an unauthorized reboot in violation of a “frozen rights” clause in her late husband’s 1994 contract with Warner Bros Television. That provision required Michael Crichton’s explicit approval for any sequels, spin-offs or reboots of ER, which according to television industry records ran for 15 seasons from 1994 to 2009 and secured 23 Primetime Emmy Awards. The Pitt stars Noah Wyle, who portrayed a lead character on ER, and involves several former ER producers, though the estate argues this connection strengthens rather than weakens the case.
The court dismissed separate claims against Wyle, executive producer John Wells and showrunner R Scott Gemmill after finding no indication they knew their work might infringe on the contractual restrictions. Warner Bros Television remains the sole defendant and had maintained that The Pitt represented an original creation with only broad similarities common to any emergency room drama. Reports from The Guardian and NBC News detailed how the studio sought to frame those overlaps as unprotected ideas rather than specific expressions.
Negotiations between the Crichton estate and Warner Bros for an official ER revival broke down in 2023 before The Pitt moved into development, according to court filings reviewed by Rolling Stone. The Pitt has achieved significant viewership on HBO and been renewed for a third season, building on the realistic medical storytelling that defined its predecessor, per production updates from entertainment trade outlets. Legal proceedings revealed that the estate obtained testimony from the attorney who drafted the original 1994 agreement to clarify the intended scope of the frozen rights provision.
The case will now return to Los Angeles Superior Court for discovery and a potential jury trial in 2027 unless the parties reach a settlement beforehand, the appeals panel specified in its opinion. Judge Wendy Chang of the lower court had previously rejected the anti-SLAPP motion in February 2025, concluding the estate met the minimal merit threshold to advance. Coverage in The Independent noted that the sustained ruling underscores the challenges studios face when developing projects connected to legacy properties with restrictive contractual language.
