Appeals Court Lets Crichton Suit Over The Pitt Proceed

A California Court of Appeal panel on Wednesday ruled that Warner Bros. Television must face a breach-of-contract suit over The Pitt, finding “clear and numerous similarities” between the Emmy-winning medical drama and Michael Crichton’s 1990s series ER, according to The Guardian, Variety, Rolling Stone and TheWrap.

What the panel held

In a unanimous opinion from the Second District Court of Appeal, Division Three, the three-judge panel affirmed Los Angeles County Superior Court Judge Wendy Chang’s denial of Warner Bros. Television’s anti-SLAPP motion as to the studio, TheWrap reported. The justices compared the pilot scripts and said the shows share an emergency-room setting, fast pacing, overlapping crises, dense medical jargon, graphic injuries and a young doctor fresh from medical school, Rolling Stone reported. “We find the details here suffice for a prima facie case,” the court wrote, according to Variety and The Guardian.

Warner Bros. Television had argued the overlaps were “generic similarities” common to any emergency-room drama, The Guardian reported. The panel rejected that bid to end the case at this stage.

Frozen rights and the parties

Crichton’s 1994 agreement with Warner Bros. Television included a “frozen rights” clause that blocked sequels, remakes, spinoffs or other derivative works without his consent, TheWrap and Variety reported. Roadrunner JMTC LLC, controlled by his widow Sherri Crichton, sued in August 2024, months before The Pitt premiered, alleging the show is an unauthorized ER reboot after failed negotiations for permission, Rolling Stone reported.

The appeals court dismissed separate claims against actor-producer Noah Wyle, producer John Wells and showrunner R. Scott Gemmill, finding insufficient evidence they knew they could be violating Crichton’s contractual rights, Variety and The Guardian reported. Wyle has said in a sworn statement that The Pitt and ER are “entirely different shows,” Rolling Stone reported.

Path ahead

The case returns to Judge Chang’s courtroom for discovery; Rolling Stone said the next hearing is set for Jan. 21. Whether The Pitt is a derivative work of ER could go to a jury unless the parties settle, Variety and TheWrap reported. Sherri Crichton said in a statement that she was “deeply gratified” by the decision and looked forward to presenting the case to a jury, according to Variety, The Guardian and TheWrap.

Sources: The Guardian, Variety, Rolling Stone, TheWrap.