Numerous parallels exist between the popular television series ER and HBO’s The Pitt, warranting the continuation of a lawsuit, a U.S. appeals court determined on Wednesday.
The lawsuit was initiated by Sherri Crichton, the widow of Michael Crichton, the creator of ER, which debuted in the 1990s and was inspired by a screenplay he drafted based on his experiences as a medical student.
Michael Crichton passed away in 2008. However, when he entered into a contract with Warner Bros. Television for ER in 1994, it was explicitly stated that no spin-offs or reboots could be produced without his or his estate’s consent, as per the documents submitted to the California Court of Appeal.
In her initial claim, Sherri Crichton mentioned that she attempted to negotiate a reboot in 2022, but they could not come to a consensus.
Despite this, Warner Bros. proceeded with the development of The Pitt.
In August 2024, Crichton launched a lawsuit against Warner Bros., accusing them of creating an unauthorized reboot just months before the launch of the new series.
Subsequently, in August 2025, Warner Bros. sought to dismiss Crichton’s lawsuit, invoking California’s anti-SLAPP law, designed to shield individuals from lawsuits that infringe on free speech.
A judge denied this motion, leading the defendants to escalate the matter to a California appeals court.
Noah Wyle, John Wells, and R. Scott Gemmill were also included as defendants. Wyle appears in both series, while Wells serves as the executive producer for both ER and The Pitt. Gemmill, who is the showrunner for The Pitt, also had a brief stint as an executive producer for ER.
In their appeal, the defendants contended that The Pitt is a “completely original medical drama with no connections to ER.”
They argued that their show features “distinct characters, locations, visuals, styles, music, timing, and more.”
While ER was situated in Chicago, The Pitt takes place in Pittsburgh.
So, what are the actual similarities between the two shows, apart from Wyle’s involvement?
A three-judge panel at the California appeals court, in a unanimous decision rejecting the defendants’ appeal, noted that both television series:
- Are medical dramas set within emergency departments.
- Feature dialogue rich in medical terminology.
- Show overlapping crises and vivid representations of injuries.
- Depict fatigued doctors and nurses.
- Include frequent emotional explosions.
- Present a young doctor, fresh out of medical school and lacking experience.
The appeals court also ruled on Wednesday that Warner Bros. is required to stand trial, although Wyle, Wells, and Gemmill have been released from the case, as there was no evidence indicating they were aware of any infringement on Crichton’s contractual rights.
Unless a settlement is reached, the case will proceed to a jury trial in Los Angeles.