Appeals Court Lets Crichton Estate's Lawsuit Over 'The Pitt' Proceed Against Warner Bros. Television
A California appeals court ruled on November 4 that the estate of the late author Michael Crichton may continue its lawsuit against Warner Bros. Television, which alleges that the hit HBO Max medical drama "The Pitt" is an unauthorized derivative of Crichton's classic series "ER."
A three-justice panel of the state Second District Court of Appeal unanimously affirmed Los Angeles Superior Court Judge Wendy Chang's rejection of Warner Bros.' attempt to have the case thrown out on free-speech grounds under California's anti-SLAPP statute. In a 33-page opinion, the justices found "clear and numerous" similarities between the two shows, including emergency room settings, fast-paced dialogue, obscure medical jargon, graphic trauma, overlapping crises and an inexperienced young doctor. Noah Wyle, who played a doctor on "ER," also plays a doctor on "The Pitt."
The case stems from a 1994 "frozen rights" provision in Crichton's contract, which barred sequels, spinoffs or reboots of "ER" without the estate's consent. Sherri Crichton, the widow of Michael Crichton, who died in 2008, sued in Los Angeles in August 2024.
The panel also handed the defense a partial victory: claims of intentional interference with contract against Noah Wyle, producers John Wells and R. Scott Gemmill, and WarnerMedia Direct were reversed and ordered dismissed, as the court found insufficient evidence that they knew they might violate Crichton's contractual rights. Warner Bros. has said "The Pitt" is an entirely original series and that the estate's claims are without merit.
The ruling does not decide whether "The Pitt" is in fact derived from "ER"; that central question remains for later proceedings. The case now moves to discovery, and industry reports say a jury trial could come as early as the summer of 2027 unless the parties settle. "The Pitt" won multiple Emmy Awards at the 2025 and 2026 Primetime and Creative Arts Emmy Awards. (Source: California Court of Appeal, Second District)
Source: California Court of Appeal, Second District
Published by GSM · USA (original Chinese edition)
Photo: Michael Crichton 2002年在哈佛医学院演讲，Jon Chase／哈佛新闻办公室摄，CC BY 3.0（Wikimedia Commons）
