Crichton Estate Lawsuit Against HBO's 'The Pitt' Proceeds to Jury Trial
Appeals court cites "clear similarities" between the award-winning drama and Michael Crichton's iconic series 'ER'.
Sarah Connor
A US appeals court has allowed a lawsuit against the HBO drama 'The Pitt' to proceed to a jury trial.
Judges cited "clear similarities" between both emergency room series, moving the case forward to a jury trial in Los Angeles Superior Court.
The court ruling detailed similarities including the emergency room setting, the use of medical jargon, overlapping crises, and gory injury recreations.
Judges compared opening episode scripts of both shows, finding sufficient similarities in plot, themes, dialogue, mood, setting, pace, characters, graphic injury detail, and sequence of events.
The US Appeals Court Judges stated, "there are clear and numerous similarities between The Pitt and ER." They added, "Each includes a young doctor, fresh from medical school and incompetent."
there are clear and numerous similarities between The Pitt and ER. Each includes a young doctor, fresh from medical school and incompetent.
Michael Crichton created 'ER', basing it on a film script he wrote about his experiences as a medical student. 'ER' aired for 15 years starting in 1994 and won 23 Emmy Awards.
Sherri Crichton claims 'The Pitt' effectively reboots the series 'ER' without proper permission or credit. She asserts Michael Crichton's contract included a 'frozen rights' provision, prohibiting any spin-offs, sequels, or reboots of 'ER' without his express consent.
The Crichton estate claims 'The Pitt' ultimately uses the same formula, pacing, setting, and style of 'ER'. Sherri Crichton and the John Michael Crichton Trust claim the show is a rebranded but uncredited reboot of 'ER' rather than an entirely original series.
The trust further claims producers "simply moved the show from Chicago to Pittsburgh, rebranded it The Pitt, and ploughed ahead without any attribution or compensation for Crichton and his heirs."
Defendants, however, claim the shared qualities were "generic" and appear in any series "involving emergency room doctors."
Warner Bros Television remains a defendant in the lawsuit, though individual creators, including star Noah Wyle, were removed.
Noah Wyle claims they had a "near-miss" with rebooting 'ER' and had "uncoupled ourselves from that IP."
Wyle, John Wells, and R Scott Gemmill claim 'The Pitt' was created because the 'ER' reboot failed to get off the ground. They had already come together to make a medical drama about the experiences of health workers during the pandemic.
'The Pitt' developed in place of the reboot, with changes including setting the drama in Pittsburgh instead of Chicago.
'The Pitt' has been a major award-winning hit for HBO and is scheduled to return for a third season next year.
Sherri Crichton stated, "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."
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.