The award-winning medical drama “The Pitt” shares enough traits with the earlier television show “ER” to allow a lawsuit filed by the estate of Michael Crichton to advance toward trial, a California appeals court unanimously ruled on Wednesday.
The decision from a three-judge panel on the California Second District Court of Appeal rejected an argument by Warner Bros. Television, the lead production studio behind “The Pitt,” that the lawsuit should be dismissed under a state law intended to throw out litigation that seeks to curb free speech.
“There are clear and numerous similarities between ‘The Pitt’ and ‘ER,’” the court wrote, citing the emergency room settings, frantic pacing, rapid-fire and obscure medical jargon, overlapping crises, graphic bodily trauma and “a young doctor, fresh from medical school and incompetent.”
But the ruling dismissed interference claims against the actor Noah Wyle, the showrunner R. Scott Gemmill, and the executive producer John Wells and his production company.
Mr. Wyle, Mr. Gemmill and Mr. Wells were three of the key people involved in “ER” who reunited for “The Pitt.”
Mr. Crichton, who died in 2008, created “ER” with help from his medical background. A 1974 screenplay he wrote formed the backbone for the juggernaut NBC medical drama. The show, which debuted in 1994, ran for 15 seasons, dominating prime-time ratings and altering the prism through which stories of institutional chaos are depicted.
In 2024, an entity controlled by Mr. Crichton’s widow, Sherri Crichton, filed a breach-of-contract lawsuit after contract negotiations over a planned “ER” reboot fell through.
At the center of the dispute is a so-called frozen-rights provision in an agreement that Mr. Crichton and Warner Bros. signed in 1994.
The clause states that “any and all publishing relating to ‘ER’” — including theatrical releases, sequels, spinoffs and additional works — “shall be frozen” until Mr. Crichton and other parties agree to move forward with them.
In the lawsuit, Ms. Crichton said she had learned of plans for a reboot being made without her knowledge in 2022.
“I was shocked,” Ms. Crichton said in a declaration to the court. “Although development had clearly begun long before, no one had mentioned anything to me. Even Mr. Wells was not asking for my opinion or approval. He was simply giving me a heads-up about an imminent press announcement.”
“The Pitt” premiered in January 2025, quickly becoming one of streaming’s breakout hits. The series — set in Pittsburgh, instead of the Chicago of “ER” — drew millions of viewers per episode and established itself as a cornerstone franchise.
Mr. Wyle, who in “ER” portrayed Dr. John Carter, a novice third-year medical student and the show’s emotional backbone, has earned widespread acclaim for his turn as Dr. Michael Robinavitch in “The Pitt.” His work has won him back-to-back Emmy Awards for outstanding lead actor in a drama.
In a statement on Wednesday, Ms. Crichton said she looked forward to the case “being presented to a jury.”
A Warner Bros. spokesman declined to comment on the ruling.
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