# Appeals Court Allows Lawsuit Over 'ER' and 'The Pitt' Similarity California court rules copyright infringement claims against Warner Bros. may proceed to trial. - **Source:** [ABC News – Money](https://abcnews.go.com/Business) - **Published:** 2026-11-06 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/235f04c1-9b29-4f03-9e12-f7b6097ac499 ## Legal Battle Moves Forward A California appeals court panel ruled that a lawsuit filed by Sherri Crichton against Warner Bros. Television can proceed. The estate of the late Michael Crichton alleges that the series The Pitt is an unauthorized reboot of the iconic medical drama ER, violating specific contractual provisions regarding the show's intellectual property rights. ## Contractual Frozen Rights Michael Crichton secured a unique frozen rights provision in his original contract for ER. This clause explicitly prohibits Warner Bros. from producing any sequels, remakes, or spinoffs without the express consent of Crichton or his estate. Sherri Crichton claims the studio ignored this agreement after she rejected a proposed reboot project. ## Court Identifies Narrative Similarities The three-judge panel found sufficient similarity between the two shows to justify further legal proceedings. The court noted that both series focus on the high-pressure environment of an emergency room, utilize fast-paced dialogue, and feature overlapping medical crises. These elements create a distinct atmosphere that the court deemed legally relevant. ## Dismissal of Individual Defendants While the case against the studio continues, the court unanimously dismissed Noah Wyle, John Wells, and R. Scott Gemmill as individual defendants. The judges concluded there was no evidence these producers were aware of the specific contractual restrictions within the Crichton agreement, thereby absolving them of personal liability in this matter. ## Studio Maintains Originality Warner Bros. Television issued a statement asserting that The Pitt is an entirely original series. The studio maintains that the claims brought by the Crichton estate are without merit and intends to defend its position vigorously as the litigation moves forward. They argue the similarities are merely generic tropes of medical dramas. ## Defining the Medical Genre ER, which aired from 1994 to 2009, fundamentally redefined the medical drama genre by focusing on the chaotic, real-time nature of emergency medicine. The Pitt, currently airing on HBO Max, adopts a similar structural approach, documenting the daily lives of staff in a Pittsburgh emergency department, which serves as the core conflict. ## Scope of Judicial Ruling The appellate court's decision is limited to this early legal challenge and does not determine if the plaintiff has successfully proven that The Pitt is a derivative work. The ruling simply confirms that the lawsuit meets the minimum threshold of merit required to advance to the next stage of the judicial process. ## Implications for Industry Contracts This case highlights the enduring power of frozen rights clauses in high-stakes television production. As studios look to capitalize on established intellectual property through reboots, the outcome of this lawsuit could set a significant precedent for how production companies navigate legacy contracts and creative control when developing new shows from existing concepts. ## Sources covering this story - https://abcnews.com/Business/wireStory/er-pitt-similar-lawsuit-move-forward-appeals-court-137894214 — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._