A legal battle over the origins of the medical drama The Pitt is set to continue after a US court ruled that a lawsuit against its producers may proceed. The series, which stars Noah Wyle and premiered in 2025, is set in a Pittsburgh emergency room and has faced accusations from the estate of ER creator Michael Crichton that it functions as an unauthorized reboot. Noah Wyle (second right) previously starred in ER alongside Anthony Edwards, George Clooney and Eriq La Salle. It starred George Clooney, Anthony Edwards, Eriq La Salle and Maria Bello, and aired 331 episodes over the next 15 years.
Sherri Crichton, the creator’s widow, contends that her husband’s contract contained a specific “frozen rights” clause. This provision ostensibly barred the production of any sequels, spin-offs, or reboots of the iconic 1990s series without his explicit consent. Following the launch of legal action in 2024, a three-judge panel unanimously upheld an earlier decision, concluding that the estate has provided sufficient evidence to advance the case toward a jury trial in the Los Angeles Superior Court.
In a 33-page opinion released Wednesday, the court identified several “clear and numerous similarities” between the two shows. The judges noted that their comparison of the pilot scripts revealed significant parallels in themes, plot structure, mood, pacing, character types, and the use of technical medical jargon. Furthermore, the court highlighted that both programs feature graphic depictions of injuries and follow the training of young medical graduates. We find the details here suffice for a prima facie case,” the judges said. According to the judges, They had compared the opening episode scripts for the two shows and found sufficient similarities in plot, themes, dialogue, mood, setting, pace, characters, graphic injury detail and sequence of events.
The judges characterized the production’s approach as one where creators effectively shifted the setting from Chicago to Pittsburgh, rebranded the concept, and moved forward without providing compensation or attribution to Crichton’s estate.
While the court allowed the primary lawsuit to continue, it dismissed secondary claims against actor-producer Noah Wyle, showrunner R Scott Gemmill, and executive producer John Wells.
The justices determined there was insufficient evidence to prove these individuals were aware of potential violations regarding Crichton’s contractual rights.
Warner Bros, the studio behind the production, previously attempted to have the case dismissed, arguing that the similarities cited by the estate were merely “generic” traits common to any emergency room drama.
The studio has maintained that The Pitt is an original show and has vowed to defend itself against the claims. Previously, Warner Bros had engaged in negotiations with the Crichton estate regarding a potential ER reboot, but those discussions reportedly ended in 2024 over disagreements concerning financial terms and creative credit. And studio Warner Bros spent months negotiating with Crichton’s estate, discussions about a possible reboot of the show began in 2020.
Expressing her satisfaction with the court’s latest ruling, Sherri Crichton stated she looks forward to the discovery process and bringing the case before a jury, noting that the outcome has implications for creators, writers, and their families. The original ER series, which debuted in 1994, became a cultural touchstone that ran for 331 episodes and secured 23 Emmy Awards, including honors for outstanding drama series. As of now, Warner Bros has not provided a formal response to the appellate court’s decision. ER launched in 1994, based on original screenplay written by Crichton. The show, which followed a group of doctors working in an emergency room in Chicago, was a hit with viewers and critics, and won 23 Emmy Awards during its run including outstanding drama series.
