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Appeal court clears Crichton estate’s lawsuit against Warner Bros for trial
Developing story first seen 2 hours ago
The appeals court has cleared the way for Michael Crichton’s estate to take its lawsuit over The Pitt to trial against Warner Bros Television. The ruling leaves WBTV facing a jury in Los Angeles over claims that the HBO Max drama is linked to ER, while removing Noah Wyle and executive producers John Wells and R. Scott Gemmill from the case.
Crichton’s widow, Sherri Crichton, sued in 2024, arguing that The Pitt followed failed talks to reboot ER and breached a 1994 agreement. WBTV has argued the show was not made by copying ER and sought dismissal under an anti-SLAPP motion, which protects expression from certain lawsuits. Discovery remains ahead, and a trial could begin as early as next summer; the show’s third season is due in January 2027.
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In short
- An appeal court has kept Warner Bros Television in the lawsuit.
- Noah Wyle and the executive producers have been dropped.
- A Los Angeles trial could start as early as next summer.
How this story developed
- 29 minutes ago The appeals court has now upheld the decision allowing the estate’s claims against Warner Bros Television to proceed, leaving the dispute over whether The Pitt derives from ER for a possible Los Angeles jury trial.
- 36 minutes ago A Los Angeles appeals court cleared Michael Crichton’s estate to take its lawsuit over The Pitt to trial against Warner Bros Television, while dismissing claims against Noah Wyle, John Wells and R. Scott Gemmill.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The estate’s strongest case is that the reported failed ER reboot negotiations and the 1994 agreement may be relevant to whether The Pitt drew on material or rights covered by that agreement. Letting the claim proceed against WBTV gives a jury the chance to assess the evidence after discovery, rather than resolving a disputed contractual and creative question prematurely.
The case against
WBTV’s strongest case is that a medical drama sharing ER’s broad setting or genre may still be an independently created work, and similarity alone would not establish a breach of the agreement. The claims against Wyle and the producers have already been dismissed, and WBTV can argue that the remaining claim should succeed only if the estate proves a contractual basis and meaningful derivation through evidence at trial.
Explained simply
ER was a hospital drama created by writer Michael Crichton and first shown in 1994. It followed doctors and other staff working in a busy emergency department. Warner Bros Television made the series, while Noah Wyle starred and John Wells and R. Scott Gemmill were among its producers.
The dispute concerns an agreement linked to ER and whether a later medical drama, The Pitt, draws on material covered by that agreement. Crichton’s estate is represented in the case by his widow, Sherri Crichton. The outcome could affect how rights to older television projects are understood when studios develop new shows.
Coverage · 2 sources
Read the full article at the source →
Originally published by Deadline as “‘The Pitt’s Battle With Michael Crichton Estate Heading To Trial As Warner Bros Rebuffed By Appeal Court”.