The Emmy-award winning medical drama "The Pitt" is facing a lawsuit from Sherri Crichton, the widow of "ER" creator Michael Crichton, who based the 1990s smash NBC show on his time as a medical student. The California Court of Appeals for the 2nd District ruled this week that Sherri Crichton's lawsuit can proceed after it denied an appeal from Warner Bros.
The three-judge panel found there were "clear and numerous similarities between 'The Pitt' and 'ER,'" including the emergency room setting, the medical jargon, and the characters. The court did, however, dismiss a claim against creators of the show — including lead Noah Wyle, John Wells, and R. Scott Gemmill — finding no evidence they knew about the contract Michael Crichton had with Warner Bros.
Crichton's contract with Warner Bros. Television included a "frozen rights" provision blocking the studio from making any spinoffs or reboots without his approval. The suit was filed in 2024, before "The Pitt" premiered, claiming Wyle and Wells had wanted to reboot "ER" but pivoted after Sherri Crichton did not give them permission. They then reworked the show into "The Pitt."
Sherri Crichton is also suing so that Michael Crichton received appropriate creator credit in connection with "The Pitt."
An appeals court ruled that “The Pitt” is similar enough to “ER” to allow Michael Crichton’s widow to pursue a lawsuit over the Emmy-winning show.
— Variety (@Variety) November 5, 2026
The appeals court did dismiss a claim against key creators of the show — Noah Wyle, John Wells and R. Scott Gemmill — finding no… pic.twitter.com/17fuFUzzLc
Warner Bros. argued "The Pitt" is a different show and filed to dismiss the suit under California's anti-SLAPP statute. That, according to Variety, is meant to "deter frivolous lawsuits that stymie free expression."
In a statement, Sherri Crichton said, "I am deeply gratified by the Court of Appeal decision and look forward to discovery and to our case, which affects writers, creators, and their families and estates, being presented to a jury." That jury will now decide if "The Pitt" is similar enough to "ER" that it violated terms of Michael Crichton's contract, unless a settlement is reached first.
"The Pitt," which wrapped its second season in April, has been nominated for 38 Emmys and won 11, including Outstanding Drama Series, and two lead actor nods for Wyle. It is the first show since "Mad Men" to win Outstanding Drama Series for its first and second seasons.
Of course, the medical jargon is gonna be the same. That's how medical people in hospitals talk.
— Grumpy 🇺🇸🇮🇱🇺🇦 (@SameOldNancy) November 5, 2026
There are many similarities between "The Pitt," "ER," and other medical dramas. There are also differences.
One BIG difference is that each episode unfolds in real time so a season is a 12 hour shift in 12 episodes for example. Also it’s not focused on their personal lives and sleeping together. These alone are big differences. I hope she loses the case.
— DisTressa (@TressaBevington) November 5, 2026
"ER" did not do that.
Another thing to keep in mind is that while the lawsuit could potentially threaten the future of "The Pitt," this week's ruling does not require Warner Bros. to halt production or distribution of the Emmy-winning series. It's more likely a financial settlement will be reached.
Editor’s Note: Hollywood, academia, and liberal elites are out of touch with the average American.
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