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Lawsuit against 'The Pitt' will now go to trial
The shows are related enough for the suit to go ahead, said an appeals court

Lawsuit against 'The Pitt' will now go to trial

Nov 05, 2026
02:02 pm

What's the story

A US appeals court has ruled that there are "clear and numerous similarities" between the hit medical dramas The Pitt and ER, allowing a long-running lawsuit by Michael Crichton's widow to proceed. Crichton was ER's creator. The ruling was made by a three-judge panel on Wednesday, which denied an appeal from Warner Bros. Television (WBTV) that claimed the two shows are unrelated.

Similarities

Court lists similarities between the 2 shows

The court noted that both The Pitt and ER are set in an emergency room, with "frequently incomprehensible" medical jargon, overlapping crises, and graphic depictions of injuries.

"There are clear and numerous similarities between The Pitt and ER," the court ruled.

"The doctors and nurses are exhausted; there are emotional outbursts."

"Each includes a young doctor, fresh from medical school and incompetent."

Defense argument

Defendants claimed these were 'generic similarities'

The defendants, including WBTV, John Wells, executive producer of The Pitt and formerly an ER showrunner, his company, actor Noah Wyle (who starred in both shows), and R Scott Gemmill, executive producer/writer on many ER episodes and now the showrunner and an executive producer of The Pitt, argued these elements were "generic similarities" common to "any dramatic story involving emergency room doctors."

They claimed it "cannot be that all shows set in an emergency room are derivative of ER."

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Legal proceedings

Lawsuit will now proceed to a jury trial

The court ruled on Wednesday that WBTV must go to trial, but dismissed Wyle, Wells, and Gemmill as defendants.

The court found no evidence that any of them were aware they could violate Crichton's contractual rights by creating The Pitt.

The lawsuit will now proceed to a jury trial in Los Angeles unless the parties reach a settlement.

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Lawsuit details

Sherri Crichton filed her lawsuit in August 2024

Sherri Crichton, the widow of ER creator and author/screenwriter Crichton, filed her lawsuit in August 2024.

She alleged that The Pitt was an unauthorized reboot of ER and accused Wells of "personal betrayal."

After two years, the court has ruled that the suit must go to trial.

Show's origin

Wyle, Wells, and Gemmill have all admitted this

Wyle, Wells, and Gemmill have all admitted in interviews that The Pitt was created because a reboot of ER didn't materialize.

Wyle said on Amy Poehler's Good Hang podcast that they were able to fast-track the development process of The Pitt because they had already come together to make a medical drama about health workers during the pandemic.

Show's success

'The Pitt' has won several awards

The Pitt has been a critical success, winning 12 Emmys, two Golden Globes, and a Peabody over its first two seasons.

Wyle has also received several Best Actor awards for his role as Dr. Michael "Robby" Robinavitch in the show.

The third season of The Pitt will premiere in January on HBO.

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