Entertainment · TV & Streaming · 2 hrs ago
The Pitt Lawsuit Against Warner Bros. TV Will Go to Trial
An appeals court has allowed the lawsuit against Warner Bros.
Television to proceed over HBO Max drama The Pitt.
The court dropped actor Noah Wyle and producers John Wells and R. Scott Gemmill from the case.
Michael Crichton’s estate says The Pitt grew out of failed talks to reboot ER, the medical drama created by Crichton, and breached a 1994 agreement.
Warner Bros.
Television has argued that The Pitt was not made by copying ER and that the suit should be dismissed.
The case raises questions about rights and creative work, and Crichton’s widow says she wants it heard by a jury.
Discovery is still ahead, and a trial could come as early as next summer unless the parties settle; The Pitt’s third season is set to arrive in January 2027.
A California appeals court has allowed the Michael Crichton estate’s lawsuit against Warner Bros. Television over The Pitt to proceed to discovery and a jury trial.
The dispute concerns whether the HBO Max medical drama is derivative of ER and violates a frozen-rights provision in a 1994 agreement.
The court affirmed the denial of Warner Bros. Television’s anti-SLAPP motion, while Noah Wyle, John Wells and R. Scott Gemmill were dropped from the litigation, according to Deadline.
Sherri Crichton said she welcomed the ruling and looked forward to presenting the case to a jury.
A trial could take place as early as next summer if the parties do not settle, Deadline reported.
- Who
- The Michael Crichton estate, represented by widow Sherri Crichton, is suing Warner Bros. Television.
- What
- The court allowed the lawsuit over The Pitt’s alleged connection to ER to proceed to discovery and a jury trial.
- When
- The appeals court ruled on November 4, 2026.
- Where
- The case is in Los Angeles Superior Court.
- Why
- The estate alleges that The Pitt is derivative of ER and violates a frozen-rights provision in a 1994 agreement.
Michael Crichton estate
Warner Bros. Television
Alleged rights violation
Michael Crichton estate
The estate says The Pitt is derivative of ER and violates the frozen-rights provision in a 1994 agreement.
Warner Bros. Television
Warner Bros. Television has argued there was no evidence that The Pitt was made by copying from or using ER.
Whether to dismiss the case
Michael Crichton estate
The estate seeks to proceed with its case and present it to a jury.
Warner Bros. Television
Warner Bros. Television sought to have the lawsuit dismissed through an anti-SLAPP motion.
Sherri Crichton filed the lawsuit against The Pitt’s producers and Warner Bros.
Warner Bros. Television and other defendants filed an appeal brief arguing that The Pitt was not derivative of ER.
Lawyers for the producers and Warner Bros. Television argued before an appeals court panel.
The appeals court affirmed the denial of Warner Bros. Television’s anti-SLAPP motion, allowing the case to proceed.
- Court
- California Court of Appeal
- Trial venue
- Los Angeles Superior Court
- Agreement at issue
- 1994 agreement with a frozen-rights provision concerning ER
- Plaintiff
- Sherri Crichton, widow of Michael Crichton
- Defendant remaining in case
- Warner Bros. Television
- Other defendants
- Noah Wyle, John Wells and R. Scott Gemmill were dropped from the litigation, according to Deadline.
3 sources
What people are saying
I am deeply gratified by the Appeals Court decision and look forward to discovery and our case which affects writers, creators and their families and estates being presented to a Jury
This is exactly the kind of case that deserves a quick dismissal, because it’s intruding on creative expression and free speech.