News / Published 2026-11-05

Appeals Court Sends The Pitt Lawsuit Toward Trial

Television's appeal in a unanimous three-judge opinion. The same ruling removed Noah Wyle, John Wells and R. Scott Gemmill from the case, and Deadline reports that the order affirmed the denial of the anti-SLAPP motion only as to the studio, sending the case toward a jury trial in Los Angeles.

(See the reader poll and source context below).

A California appeals court has refused to dismiss Michael Crichton's widow's suit against The Pitt, sending Warner Bros. Television toward a jury trial over whether the show derives from ER.

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The Pitt, Michael Crichton Estate Lawsuit and Trial — DeadlineReported context: [object Object] [object Object] [object Object] [object Object] [object Object] [object Object] [object Object] [object Object] [object Object] [object Object] [object Object] [object Object] [object Object] [object Object]Not recordedNot recorded

THE SHORT VERSION

  • A California appeals court ruled on Wednesday that The Pitt is similar enough to ER for Michael Crichton's widow to pursue her lawsuit, denying Warner Bros. Television's appeal in a unanimous three-judge opinion.
  • The same ruling removed Noah Wyle, John Wells and R. Scott Gemmill from the case, and Deadline reports that the order affirmed the denial of the anti-SLAPP motion only as to the studio, sending the case toward a jury trial in Los Angeles.
  • Crichton's contract with the studio carried a frozen-rights provision, Sherri Crichton sued in August 2024 before the show debuted, and Deadline reports a trial could come as early as next summer unless the parties settle.

A Panel Refuses Warner Bros.

An appeals court ruled on Wednesday that The Pitt is similar enough to ER to allow Michael Crichton's widow to pursue a lawsuit over the Emmy-winning show, Variety reports. In a unanimous opinion, a three-judge panel denied an appeal from Warner Bros. Television, which has argued that the two shows are unrelated. The ruling is the second time the studio has failed to end the case before trial, after a lower court refused to throw it out last year.

Deadline reads the same ruling from its 33-page text: the order denying the anti-SLAPP motion is affirmed as to WBTV, while as to the other defendants the order is reversed, with the trial court instructed to grant the motion and dismiss them and each side bearing its own costs on appeal. Deadline's lead calls the outcome a jury trial in L.A. Superior Court. Variety says only that the ruling allows the suit to move forward at the trial court. Deadline also dates the decision to two months after the panel heard arguments.

The Similarities the Court Counted

Variety quotes the panel's reasoning: "There are clear and numerous similarities between 'The Pitt' and 'ER," with the court citing the emergency room setting, the fast pace, the medical jargon, the graphic depictions of injuries, and a young, incompetent doctor fresh from medical school. The opinion adds, "We find the details here suffice for a prima facie case." Those five items are the whole of the comparison the court put in writing, and neither paper reports a sixth.

Deadline's account puts the emphasis on scope: the panel disagreed with the studio, but only where the studio was concerned. Both papers carry Warner's position that the shows are unrelated, Variety in the studio's own words and Deadline in its summary of the defense. Deadline also quotes the appellants' October 2025 brief, which argued that there was no evidence The Pitt was made by copying from or using ER, and therefore no evidence it was derivative.

Wyle, Wells and Gemmill Dropped

The appeals court did dismiss a claim against key creators of the show — Noah Wyle, John Wells and R. Scott Gemmill — finding no evidence that they were aware they could be violating Crichton's contractual rights. Variety treats that as a partial win for the individual defendants and a loss for the studio. It does not say whether the three can still be called as witnesses.

Deadline puts the same outcome more bluntly: Wyle, Pitt executive producers John Wells and R. Scott Gemmill have been dropped from the litigation, though it adds that seeing the producers on a witness list would not be surprising if the case truly reaches a trial. Neither paper reports a comment from any of the three, and Deadline says representatives for WBTV and the producers did not respond to its request.

Frozen Rights and a 1994 Deal

Crichton was a creator of ER, which was based on a 1974 script he wrote about his experiences as a medical student. His contract with Warner Bros. Television included a frozen-rights provision blocking the studio from making any spinoffs or reboots without his approval. Sherri Crichton filed in August 2024, months before The Pitt debuted, alleging that Wells and Wyle had originally wanted to reboot ER and only changed course after failing to secure her permission. Warner argued that The Pitt is a completely different show and moved to throw the suit out under California's anti-SLAPP statute; Judge Wendy Chang denied that motion last year, finding she had offered enough evidence to proceed.

Deadline dates the agreement to 1994 and calls it a set of rights provisions rather than a frozen-rights clause, and it reports the argument the studio's lawyer, Ted Boutrous, made in September: that Sherri Crichton had no idea whether the show violated the agreement because she sued before it came out and had never seen it. Deadline also sets out what the estate is: the John Michael Crichton Trust and its Roadrunner JMTC, representing the ER creator and Jurassic Park author. It describes the show as a Pittsburgh-set medical drama that Wells and Warners built after talks to reboot the 15-season NBC series fell apart.

Discovery, Then a Trial Date

The appellate ruling allows the suit to move forward at the trial court. Whether The Pitt is in fact a derivative work of ER could ultimately be up to a jury to decide unless the parties reach a settlement before it gets to that point. Variety puts no timetable on any of it and does not say when discovery would begin.

Deadline says discovery is still to come and that a trial could arrive as early as next summer unless the parties settle, which it calls not impossible but very unlikely given the bitterness between the principals. It also notes that The Pitt is deep into production on its third season, that the show launched on HBO Max in early 2025 and that season three is set to drop in January 2027. Neither paper reports a settlement offer or a mediation date.

One Statement, Two Transcriptions

Sherri Crichton gave both papers a statement. To Variety she said: "I am deeply gratified by the Court of Appeal decision and look forward to discovery and to our case, which affects writers, creators, and their families and estates, being presented to a jury". She frames the case as one that belongs to writers and creators as much as to her family, which is the only characterization either paper reports from her side.

Deadline prints the same statement with different wording: the Appeals Court decision, our case without the comma, and a jury with a capital letter. The two transcriptions agree on the substance and differ on nearly every comma, which is worth noting only because the same quote now circulates in two forms. Warner Bros. and the producers stayed silent. Related coverage on this site includes the return confirmed for The Pitt's third season, the medical drama that ran two seasons on a rival service and the ER revival that never happened.

Sources & reporting limits

  1. The Pitt, Noah Wyle and the Crichton Lawsuit — Variety
  2. The Pitt, Michael Crichton Estate Lawsuit and Trial — Deadline
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