Warner Bros. Loses Bid to Dismiss 'The Pitt' Lawsuit Over 'ER'

Warner Bros. Television must continue defending a lawsuit accusing it of repackaging ER as The Pitt, after a California appeals court found enough similarities between the two medical dramas to allow Michael Crichton's estate to pursue its claims.

In a unanimous ruling Wednesday, November 4, 2026, a three-judge panel upheld the rejection of Warner Bros.' attempt to dismiss the case. The court cited similarities in the shows' settings, characters, rapid dialogue and overlapping medical emergencies, but dismissed separate claims against actor Noah Wyle and producers John Wells and R. Scott Gemmill.

The justices identified "clear and numerous similarities" between the programs, including fast-paced medical dialogue, inexperienced doctors, graphic injuries and hospital staff moving between patients in overlapping emergencies. Both series also depict exhausted physicians working under intense pressure while managing multiple medical crises.

The ruling allows the estate's claims to proceed without determining whether The Pitt violated the rights associated with ER. Warner Bros. maintains that its newer series is an original production and that the similarities identified by the court are common features of medical dramas.

The dispute began when Crichton's estate sued Warner Bros. in August 2024, alleging that the studio abandoned negotiations for an authorized ER reboot and developed The Pitt without the family's consent.

Crichton's 1994 agreement with Warner Bros. restricted the studio from producing sequels, remakes or other works derived from ER without his approval. His widow, Sherri Crichton, alleges that the studio violated those contractual rights by developing a similar medical drama after negotiations with the estate failed.

The lawsuit names Warner Bros. Television and several people involved in both productions. Wyle, who portrayed Dr. John Carter on ER, stars as Dr. Michael "Robby" Robinavitch on The Pitt, while Wells served as the original showrunner of before becoming involved in the newer series.

The appeals court dismissed claims against Wyle, Wells and Gemmill, finding insufficient evidence that they knew about the specific contractual restrictions they were accused of violating. The estate's surviving claims against Warner Bros. can continue in Los Angeles County Superior Court.

Warner Bros. and the individual producers had sought dismissal under California's anti-SLAPP law, arguing that the lawsuit improperly targeted protected creative expression. Superior Court Judge Wendy Chang rejected their motion, finding that the estate had presented sufficient preliminary support for its claims. The appellate court upheld that ruling as to Warner Bros. while reversing it for the individual defendants.

Sherri Crichton welcomed the appellate decision, saying she looked forward to discovery and presenting the estate's case to a jury. The ruling permits the litigation to continue, although the parties have yet to establish whether the alleged similarities amount to a violation of the original agreement.

The case is scheduled to return to Judge Chang's courtroom in downtown Los Angeles on January 21, 2027, as the estate proceeds with its claims against Warner Bros.