This is what’s tricky. By all accounts the show started as a reboot of ER. However when you look at ER compared to The Pitt, apart from the first episode, they both fall into the “medical drama” category. The Pitt could just as easily be sued by any other medical drama.

But! The first episode of ER is VERY different from the what you think about when you think about ER. The first episode, which is where Crichton is the credited writer, more closely resembles what you might consider The Pitt. It’s comparing 1994 TV to 2025 TV but… Mayyyyyyyyyyyybe? (In my opinion, no.)

But let’s look at Noah Wyle. At a high level the character of “John Carter” went from a new doctor to an expert doctor. You could at face value say the character of “John Carter” from ER is “Michael Robby Robinavitch” from The Pitt and just changing the name isn’t enough.

Except! Doctor Carter has a rich history in Chicago. Doctor Robby is from Pittsburgh, or at the very least has zero connection to Chicago. Doctor Robby is Jewish. Doctor Carter is not. Doctor Carter is rich. Doctor Robby is not (by comparison).

The only similarities between Doctor Carter and Doctor Robby is that they are both “good doctors” played by Noah Wyle.

This lawsuit has some merit. Which is to say it has more than zero merit. Is that number higher than one percent? No. Probably not.

Ignore the AI slop in the other reply. This is in every way but nominally a reboot of ER. Like, it’s the same people making it, and it was intended as a reboot. Literally the only reason they didn’t make it explicitly a reboot of the show is because they couldn’t get Crichton’s widow to sign off on it.

To quote an actual article:

Sherri filed her motion in August 2024 - one month after The Pitt began filming in July 2024 and before the series premiered on HBO Max. In the complaint, she alleged that creators Wells and Wyle initially pursued an ER reboot and, after failing to secure her approval, rebranded the project as The Pitt.

She described the show as an ER revival “just under a different name” and called the maneuver “a shameful betrayal of [Michael] Crichton and his legacy.”

At the heart of the case is a “frozen rights” provision in Michael’s contract with Warner Bros. Television, which barred the studio from producing ER spinoffs or reboots without his approval. (Michael died in 2008, leaving Sherri to attempt to enforce the provision on behalf of his estate.)

Personally I’m against copyright so morally I think Sherri Crichton is in the wrong, but legally I think she has some solid legs to stand on here

Here’s some AI slop on the matter:

The legal battle surrounding the hit HBO Max medical drama The Pitt centers on allegations that the show is actually an unauthorized, rebranded reboot of the iconic 1990s medical series ER. Filed in August 2024 by Sherri Crichton—the widow of ER creator Michael Crichton—the lawsuit claims that the production company, Warner Bros. Television, completely bypassed a strict contractual clause to push the show live. [1, 2]

The backstory of how The Pitt went from a planned revival to a major courtroom drama unfolds across several key stages:

1. The “Frozen Rights” Clause

When Michael Crichton sold the original pilot screenplay for ER to Warner Bros. in 1994, he secured a highly lucrative and uncommon “frozen rights” provision. This clause explicitly prohibited Warner Bros. from creating any sequels, spin-offs, remakes, or derivative works of ERwithout Crichton’s direct consent (or his estate’s consent following his death in 2008). Because of this, Warner Bros. could not legally touch the ER brand without permission from Sherri Crichton.[1, 2, 3]

2. The Failed Reboot Negotiations

In 2020, Warner Bros. Television, along with ER veterans John Wells (executive producer) and Noah Wyle (who famously played Dr. John Carter), began actively developing an official ERreboot. The concept originally featured Wyle reprising his classic character. In 2022, they formally pitched the revival to Sherri Crichton. However, after nearly a year of bargaining, contract negotiations fell through, and she officially declined to give the estate’s approval to move forward. [1, 2, 3]

3. The Rebranding Pivot

According to the lawsuit, instead of abandoning the project after being denied the intellectual property, the creative team simply rebranded the show to circumvent the contract. The estate alleges that they moved the setting from Chicago to Pittsburgh, changed the character names, titled it The Pitt, and moved forward with HBO Max without paying or attributing the Crichton estate. [1, 2, 3]

The show premiered in January 2025 and became a massive, Emmy-winning flagship hit for the streamer, starring Noah Wyle as Dr. Michael Robinavitch. Wyle has since defended the show, stating that once they uncoupled themselves from the ER brand, it “liberated the storytelling” to become its own unique entity with a distinct “one season equals one day” real-time format. [1, 2, 3, 4]

4. What the Court Decided

Warner Bros. attempted to have the lawsuit dismissed under California’s anti-SLAPP statutes, arguing that The Pitt is entirely original and only shares generic, unprotectable medical-drama tropes. However, a California appeals court unanimously rejected that defense, ruling that the two shows share “clear and numerous similarities”—including frantic pacing, overlapping medical crises, graphic trauma, rapid-fire jargon, and even specific character archetypes like an incompetent, brand-new young doctor. [1, 2]

While the ruling cleared the path for a full jury trial to determine if copyright and contract violations took place, the court did dismiss individual claims against Noah Wyle, John Wells, and R. Scott Gemmill, concluding there wasn’t sufficient proof that the producers personally knew the exact parameters of Crichton’s 1994 contract. The primary lawsuit against Warner Bros. is now officially headed to a trial court in Los Angeles. [1, 2]

Would you like to know more about the specific similarities the judges found between the two scripts, or details on when the jury trial is expected to begin?