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The Pitt and ER are similar enough for lawsuit to proceed, judge rules

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In short

A unanimous three-judge appeals panel rejected an attempt by Warner Bros to dismiss the lawsuit in Los Angeles Superior Court, finding clear similarities in character, dialogue, plot, and medical settings. The estate brought the action after formal negotiations for an official reboot collapsed over credit and financial guarantees. While the primary case against the studio proceeds, the court dismissed individual claims against producers Noah Wyle, John Wells, and R Scott Gemmill due to a lack of evidence that they knowingly breached contractual rights.

Key points

  • Warner Bros faces a Los Angeles Superior Court jury trial over allegations that it improp…: Warner Bros faces a Los Angeles Superior Court jury trial over allegations that it improperly bypassed contractual frozen rights provisions.
  • Michael Crichton's estate established a prima facie case that producers simply rebranded…: Michael Crichton's estate established a prima facie case that producers simply rebranded a discontinued reboot without proper attribution.
  • The decision shields individual creative executives from liability while keeping the stud…: The decision shields individual creative executives from liability while keeping the studio directly on the hook for potential contractual damages.

Sources checked by our analysis pipeline: 1

- Published

US drama The Pitt is similar enough to medical series ER for a lawsuit against its producers to progress, a court in the US has ruled.

The widow of Michael Crichton, who created ER, argues The Pitt is effectively a reboot of the series, which has been made without proper permission or credit.

Sherri Chrichton says her husband's contract included a "frozen rights" provision that prohibited any spin-offs, sequels or reboots of ER being made without his express consent.

A three-judge panel said there are "clear and numerous similarities between The Pitt and ER," which means the case can go ahead. Warner Bros previously described the lawsuit as "baseless" and sought to have it dismissed.

Listing the similarities between the two shows, the court cited the emergency room setting, the fast pace, use of medical jargon, graphic depictions of injuries, and younger doctors fresh from medical school being trained.

"We find the details here suffice for a prima facie case," the judges said.

It means the case will now go to a jury trial in Los Angeles Superior…

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