According to an article via Deadline Warner Bros. Discovery (WBD) is facing a legal battle regarding its new show The Pitt, starring Noah Wyle (ER, The Librarian), after a judge ruled on February 24 that the case will proceed. The lawsuit, filed by Sherri Crichton (widow of ER creator Michael Crichton, claims that The Pitt is a derivative of ER), with key plot elements and characters resembling the iconic medical drama. A Los Angeles judge’s ruling, made after a tentative decision earlier in January, confirms that the Crichton estate’s claims are strong enough to move forward, despite WBD’s attempts to dismiss the case.
The case revolves around negotiations that took place in 2023 between WBD and Crichton’s estate over a potential ER reboot. When those talks fell apart, The Pitt emerged, with a similar premise set in Pittsburgh. Judge Wendy Chang’s ruling acknowledges evidence presented by the plaintiffs, who claim that WBD created The Pitt after failed attempts to reboot ER, marking a breach of contract.
“Constrained by the procedural rules under the anti-SLAPP statute, the Court finds that the evidence submitted by Plaintiffs meet the minimal merit standard to demonstrate at least a prima facie case that The Pitt is derived from ER,” wrote LA Superior Court Judge Wendy Chang, as reported by Deadline.
The dispute centers on whether The Pitt, which premiered on January 8, 2025, can be considered a derivative work of ER, which ran from 1994 to 2009. The Crichton estate has argued that WBD’s actions were not only a breach of contract but also a violation of intellectual property rights. A representative for the estate stated, “This is an important win for Michael Crichton and the entire creative community,” expressing confidence that the estate will prevail as the case progresses. WBD has responded, stating, “We continue to believe in the strength of our position and that we will ultimately prevail,” according to Deadline.
This ongoing legal battle will involve extensive discovery, with both sides preparing for further hearings. Although a trial date has not yet been set, a settlement remains a possibility. The case is drawing attention not only due to the high-profile nature of the parties involved but also because of the impact it could have on the future of creative rights in the entertainment industry.
The legal fray between Warner Bros. Discovery and the Crichton estate over The Pitt will continue to unfold in the courts. The outcome of this case could set significant precedents for intellectual property disputes in the entertainment industry, particularly regarding derivative works and the rights of original creators.