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Appeals court lets Crichton widow’s Pitt vs. ER suit proceed
Variety reported a California appeals court found The Pitt similar enough to ER for Sherri Crichton’s contract suit against Warner Bros. Television to go forward, while dropping claims against the show’s creators.
- New headline Was: “‘The Pitt’ and ‘ER’ Are Similar Enough to Allow Crichton Suit, Appeals Court Rules”
- Our desk filed its story
A California appeals court ruled Wednesday that HBO Max’s medical drama The Pitt is similar enough to NBC’s ER for Sherri Crichton, widow of ER creator Michael Crichton, to keep her lawsuit against Warner Bros. Television, Variety reported1.
A three-judge panel unanimously denied the studio’s appeal of a trial-court decision that had refused to throw out the case, Variety said1. The opinion, linked by Variety, found “clear and numerous similarities” between the shows, including an emergency-room setting, fast pacing, medical jargon, graphic injuries and a young doctor just out of medical school1.
The court said those details were enough for a prima facie case, Variety reported1. It dismissed claims against The Pitt creators Noah Wyle, John Wells and R. Scott Gemmill, finding no evidence they knew they might be violating Crichton’s contractual rights1.
Crichton created ER from a 1974 script about his time as a medical student, Variety said1. His Warner Bros. Television contract included a frozen-rights clause that blocked spinoffs or reboots without his approval1.
Sherri Crichton sued in August 2024, months before The Pitt premiered, alleging Wells and Wyle first sought to reboot ER and shifted after she withheld permission, according to Variety1. Warner Bros. has argued the shows are unrelated and sought dismissal under California’s anti-SLAPP law1.
Judge Wendy Chang denied that motion last year, Variety reported1. The appellate ruling returns the case to the trial court, where a jury could decide whether The Pitt is a derivative work of ER unless the parties settle1.
Sherri Crichton said she was “deeply gratified” by the decision and looked forward to discovery and a jury, Variety reported1. Variety did not quote a Warner Bros. response to Wednesday’s ruling1.
