Appeals court clears path for $200 million TV rights dispute over ER and The Pitt

A California appeals court has ruled that a lawsuit alleging HBO Max's The Pitt is an unauthorized reboot of the classic NBC series ER can move forward. The three-judge panel from the 2nd District Court of Appeal issued its unanimous decision on Wednesday, affirming that the shows share enough similarities to satisfy the legal threshold for the claim.

Sherri Crichton, the widow of ER creator Michael Crichton, filed the suit two years ago, before The Pitt aired its first episode. She argues that the new series is a rebranded version of an ER reboot that her husband's estate had rejected. The Crichton contract included a frozen rights provision that prohibited Warner Bros. from developing sequels, remakes, or spinoffs without the consent of the creator or his estate. Crichton died of cancer in 2008.

The court rejected a motion by Warner Bros. Television, the production company behind both series, to dismiss the case. The judges agreed with the plaintiff's argument that the two programs offer specific commentaries on the healthcare system from within an emergency room setting. The opinion noted that both series feature fast pacing, overlapping crises, and dialogue filled with medical jargon that creates a sense of immediacy.

Warner Bros. had argued that the similarities between the shows were generic traits found in any drama about overworked doctors. The appeals court found otherwise, determining that the specific focus on the emergency department and the style of storytelling were distinct enough to support the lawsuit.

In a separate part of the ruling, the panel dismissed three individual defendants: Noah Wyle, John Wells, and R. Scott Gemmill. Wyle stars in both productions, while Wells created The Pitt and worked on ER. Gemmill served as an executive producer on The Pitt and on the original series. The judges found no evidence that these three men were aware of the specific contract provisions the lawsuit claims they interfered with.

The Pitt has received widespread acclaim since its launch. The series, which depicts a real-time day in a Pittsburgh emergency department, won two Emmys for best drama in its first two seasons. Wyle also received two best actor awards for his role in the show.

Emails seeking comment on the ruling were sent to lawyers representing Warner Bros. The case will now return to trial court for further proceedings.