Michael Crichton’s estate has won an important early round in its fight with Warner Bros. Television over The Pitt. A California appeals court ruled this week that the Emmy-winning HBO Max drama and the classic NBC series ER share enough in common for the estate’s lawsuit to move forward.
What We Know
A three-judge panel of the California Court of Appeal, Second District, unanimously upheld a trial judge’s refusal to throw out the case against Warner Bros. Television, the studio behind both shows. The decision was issued on Wednesday, November 4, 2026, and was reported by the Associated Press and Yahoo Entertainment.
According to Yahoo Entertainment, the panel pointed to “clear and numerous similarities” between the two series, including their emergency room settings, fast-paced storytelling, medical jargon, graphic depictions of injuries and storylines built around young, inexperienced doctors. The AP noted that the judges were not persuaded, at this stage, by the studio’s argument that those elements are generic features of any drama about overworked medics.
The ruling was not a complete win for the estate. The court dismissed claims against The Pitt star Noah Wyle and producers John Wells and R. Scott Gemmill, all of whom worked on both series. The judges found no evidence that the three men knew about the specific terms of Crichton’s contract that the lawsuit says were breached.
Importantly, the court did not decide whether The Pitt actually is derived from ER. It only ruled that the claims are strong enough to survive this early challenge.
Background
Michael Crichton, the bestselling author of Jurassic Park, wrote the pilot for ER, which premiered on NBC in 1994 and ran for 15 seasons until 2009. The show launched several careers, including that of George Clooney, and made Wyle a household name as Dr. John Carter.
According to the lawsuit, Crichton’s deal included a so-called “frozen rights” provision that barred Warner Bros. from making sequels, remakes or spinoffs of ER without his consent, or that of his estate after his death in 2008.
His widow, Sherri Crichton, filed suit in August 2024, months before The Pitt premiered. The complaint alleges that the studio discussed an ER revival with her, then moved ahead with a similar series after those talks broke down, shifting the setting from Chicago to a Pittsburgh trauma center while keeping key elements.
Warner Bros. Television has consistently denied the claims. The studio describes The Pitt as an “entirely original series” and says the lawsuit lacks merit.
The show itself has become one of television’s biggest success stories. It has won two Emmys for outstanding drama series, and Wyle has collected two lead actor Emmys for his role as Dr. Michael “Robby” Robinavitch.
Reactions
Sherri Crichton welcomed the decision. “I am deeply gratified by the Court of Appeal decision and look forward to discovery,” she said, as quoted by Yahoo Entertainment.
Warner Bros. Television said it will continue to defend its position as the case goes on. Wyle has previously spoken about the show’s distance from ER, telling Amy Poehler’s Good Hang podcast: “Once we uncoupled ourselves from that IP, it suddenly liberated the storytelling.”
What’s Next
The case now returns to Los Angeles Superior Court, where it will proceed toward discovery and, eventually, the merits. The contract dispute could go before a jury, or the two sides could reach a settlement. No trial date has been announced.
Meanwhile, production on the series continues. The Pitt season 3 is scheduled to premiere in January 2027. For more entertainment headlines, see our latest coverage of the death of Oscar-winning director Sebastián Lelio.