Court allows lawsuit alleging The Pitt copied ER to proceed

Sherri Crichton's case can continue after an appeals court rejected Warner Bros Television's appeal. The court also dismissed Noah Wyle, John Wells and R Scott Gemmill as individual defendants.

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What's new

An appeals court unanimously rejected Warner Bros Television's appeal, according to the Guardian.
The court found enough similarities between the dramas for the case to proceed, both outlets reported.
Wyle, Wells and Gemmill were dismissed as defendants, the Guardian reported.

A United States appeals court has allowed Sherri Crichton's lawsuit alleging that The Pitt is an unauthorized reboot of ER to proceed, in a decision reported on November 5, 2026. According to the Guardian, the dispute will be tried before a Los Angeles jury if the parties do not reach a settlement.¹²

Similarities sufficient for the case to continue

The three-judge panel unanimously denied Warner Bros Television's appeal, the Guardian reported. Its decision allows the claim brought by Michael Crichton's widow to continue; it does not establish her allegation that The Pitt copied the medical drama her husband helped create.¹²

According to the Guardian's account, the court identified similarities in the programmes' emergency-room settings, use of medical terminology, simultaneous crises and depictions of injuries. The defendants argued that these elements were features shared by dramas about doctors working in emergency departments, rather than grounds for the claim.¹

The panel nevertheless concluded that the details were sufficient at this stage. “We find the details here suffice for a prima facie case,” the court said, according to the Guardian. Both newspapers reported that the resemblance between the shows was enough for the lawsuit to proceed.¹²

The contract and the reboot proposal

Sherri Crichton filed the lawsuit in August 2024, alleging that The Pitt was an ER reboot made without authorization. The Guardian reported that Michael Crichton's 1994 contract with Warner Bros Television contained a provision preventing spin-offs or reboots without his approval. The author and screenwriter died in 2008.¹

The Guardian also reported that Wyle, Wells and Gemmill had acknowledged in interviews that The Pitt emerged after an attempted ER reboot did not proceed. Wyle starred in both dramas; Wells previously served as ER's showrunner, while Gemmill was an executive producer and writer on ER and now runs The Pitt.¹

In 2025, Judge Wendy Chang rejected Warner Bros Television's request to dismiss the lawsuit under California's anti-SLAPP statute, according to the Guardian. The appellate ruling leaves the company facing the case, but removes Wyle, Wells and Gemmill as individual defendants.¹

Individuals dismissed, lawsuit continues

The appeals court found no evidence that the three men knew they could be violating Crichton's contractual rights, the Guardian reported. Sherri Crichton said she welcomed the decision and looked forward to discovery and presenting her case to a jury. Her allegation remains to be resolved through the continuing proceedings.¹

Why it matters

For European readers following the HBO drama, the case concerns whether its relationship to ER amounts to an unauthorized reboot, as Sherri Crichton alleges. The ruling allows that claim to be examined further rather than deciding that copying occurred.¹²

Key facts

confirmedThe lawsuit alleging that The Pitt copied ER has been allowed to proceed.¹²
confirmedThe appeals court unanimously denied Warner Bros Television's appeal.¹
confirmedWyle, Wells and Gemmill were dismissed as individual defendants.¹

single sourceThe Guardian reported that Michael Crichton's 1994 contract barred reboots or spin-offs without his approval.¹
single sourceAccording to the Guardian, the defendants argued that the similarities were generic features of emergency-room dramas.¹

What we know and what we don't yet

What we know

Both outlets reported that the lawsuit can proceed.
The Guardian reported that Warner Bros Television's appeal was unanimously denied.
The Guardian reported that a Los Angeles jury trial will follow unless the parties settle.

What we don't know yet

Whether Sherri Crichton's allegation of an unauthorized reboot will ultimately be established.
Whether the parties will settle before a jury trial.

Timeline

August 2024

during the monthSherri Crichton filed her lawsuit alleging that The Pitt was an unauthorized ER reboot.¹

November 2026

5 NovemberReports said the lawsuit could proceed after the appeals court rejected Warner Bros Television's appeal.¹²

5 NovemberThe Guardian reported that the appeals court dismissed Wyle, Wells and Gemmill as defendants.¹

Date not given

2025Judge Wendy Chang denied Warner Bros Television's motion to dismiss under California's anti-SLAPP statute.¹

How outlets cover it

Sources represented

Foreign media 2

Foreign media The Guardian: The report focuses on the similarities identified by the court and the decision allowing Sherri Crichton's lawsuit to continue.

Foreign media The New York Times: The report frames the ruling around whether The Pitt resembles ER sufficiently for the copying allegation to proceed.

All sources 2

Ranked by credibility and by how many facts each confirms. The article is our own text, written from these sources.

Foreign media 2

1The Guardian ●●●●The Pitt and ER are similar enough for Michael Crichton’s widow’s lawsuit to proceed, court rules
2The New York Times ●●●●‘The Pitt’ Resembles ‘ER’ Enough for Lawsuit to Proceed, Judge Rules