Case pitting "ER" against "The Pitt" can proceed, appeals court says
Summary
A California appeals court ruled that a lawsuit alleging HBO Max’s “The Pitt” is an unauthorized reboot of “ER” can proceed against Warner Bros. Television. The court did not decide whether “The Pitt” infringes on “ER,” and it dismissed actor Noah Wyle and producers John Wells and R. Scott Gemmill as defendants.Key Facts
- The California 2nd District Court of Appeal unanimously upheld the trial court’s decision to reject Warner Bros. Television’s request to dismiss the case at this stage.
- The court said the shows share features including emergency-room settings, stories about health care, fast pacing, and overlapping crises.
- The judges said their ruling addressed only whether the case could proceed, not whether the plaintiffs had proved that “The Pitt” derives from “ER.”
- Sherri Crichton filed the lawsuit on behalf of her late husband Michael Crichton’s estate before “The Pitt” aired.
- The lawsuit alleges that “The Pitt” is a rebranded version of an “ER” reboot that Sherri Crichton had rejected.
- The lawsuit says Michael Crichton’s contract barred Warner Bros. from making sequels, remakes, spinoffs, or other works derived from “ER” without his or his estate’s consent.
- Warner Bros. Television said it considers “The Pitt” an original series and will defend itself as the case proceeds.
- The court dismissed Wyle, Wells, and Gemmill after finding no evidence that they knew about the contract provisions at issue.
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