Appeals Court Lets Crichton Estate Suit Against The Pitt Proceed

A three-judge appeals panel unanimously rejected Warner Bros. Television’s bid to end the lawsuit, finding enough similarities between The Pitt and ER for the case to continue. The court cited their emergency-room setting, brisk pace, medical terminology, graphic injuries and a newly graduated doctor portrayed as incompetent.

The panel also dismissed claims against the program’s creators—Wyle, Wells and Gemmill—saying there was no evidence they knew their work could violate Crichton’s contractual rights. Crichton created ER, based on a script drawn from his medical-school experience. His Warner Bros. contract prohibited the studio from creating successor series or revivals unless he consented.

Sherri Crichton filed suit in August 2024, alleging the creators initially sought to reboot ER and changed direction after she refused permission. Warner Bros. has maintained that The Pitt is a different show and sought dismissal under California’s anti-SLAPP law. A trial judge rejected that request, and the appeals ruling leaves the dispute to proceed in Los Angeles Superior Court.

The case could go to a jury, which would decide whether The Pitt is legally derived from ER, unless the sides settle first. Crichton said she welcomed the ruling and looked forward to discovery and presenting the case to a jury. The Pitt’s third season is scheduled to debut in January 2027.