ER Similarities Keep The Pitt Lawsuit Moving Forward as Noah Wyle Gets Dismissed From Case

Appeals court allows claim

A unanimous three-judge California appeals court panel ruled Wednesday, November 4, that the case against Warner Bros. Television can proceed. The ruling concerns claims that The Pitt is an unauthorized reboot of ER.

Sherri Crichton filed the lawsuit in 2024, before The Pitt premiered. She alleges Warner Bros. moved ahead with the show after failing to reach an agreement with her about bringing ER back.

Contract and show similarities

Michael Crichton’s agreement with Warner Bros. required his approval, or his estate’s approval after his death, for sequels, remakes or other productions based on ER. Sherri Crichton says she refused to approve a proposed reboot.

The judges pointed to shared elements between the medical dramas, including emergency room settings, quick-paced storytelling, medical terminology and difficulties faced by hospital workers. The lawsuit argues The Pitt was developed without permission.

Three defendants dismissed

Warner Bros. Television said it considers The Pitt an original series and maintains the claims have no merit. The company said the ruling does not establish otherwise and that it will defend its position as the case continues.

Season three in preparation

The Pitt is preparing for a third season, expected to premiere in January 2027. Wyle has previously discussed when the season will take place and changes viewers can expect.

The court ruling allows the dispute with Warner Bros. Television to continue, even as the series moves toward another season. The claims against the three individual defendants have been dismissed.