US appeals court lets The Pitt lawsuit proceed against Warner Bros. Television

An appeals court ruled on 4 November 2026, that Michael Crichton’s estate can continue its lawsuit against Warner Bros. Television over The Pitt, while ordering all other defendants dismissed.

The dismissed defendants are WarnerMedia Direct, John Wells Productions, actor Noah Wyle and producers John Wells and R. Scott Gemmill. Wyle appeared in ER and stars in The Pitt; Wells worked on ER and is an executive producer of The Pitt. Gemmill wrote and produced ER and is The Pitt’s creator, showrunner and executive producer.

Latest · 5 November 2026

The appeals court found enough similarities between The Pitt and ER to establish a prima facie case, Variety reported. It cited their emergency-room settings, fast pace, medical jargon, graphic depictions of injuries and a young doctor fresh from medical school. The court dismissed the claim against three of the show’s creators, finding no evidence that they knew they could be violating Michael Crichton’s contractual rights.

The disputed agreement

The plaintiff is Roadrunner JMTC LLC, the successor-in-interest to the John Michael Crichton Trust. Sherri Crichton, the writer’s widow, speaks for the estate. Roadrunner filed suit on 27 August 2024, alleging breaches of contract and of the duty of good faith, as well as intentional interference with contractual relations.

Under a 1994 agreement, sequels, remakes, spinoffs and other works derived from ER require the mutual agreement of Crichton, Amblin and Warner Bros. The estate alleges that, after negotiations for an ER reboot failed, Warner Bros. and the creative team developed The Pitt and that the agreement’s consent and credit protections apply to it.

The defendants dispute that characterization. In an 28 October 2025 appeal brief, they argued there was no evidence that The Pitt copied or used ER and therefore no evidence that it was derived from the earlier show.

The case moves to discovery

The ruling concerns an anti-SLAPP motion, a request for early dismissal of claims arising from protected activity. Judge Wendy Chang denied the motion on 24 February 2025, finding that although the claims arose from protected activity, the estate had shown the preliminary level of merit needed for its case to proceed. The rulings do not decide whether The Pitt is derived from ER or whether Warner Bros. Television breached the agreement.

Discovery, the exchange of evidence before a possible trial, comes next. Deadline reported that a trial could come as early as summer 2027 unless the parties settle. Sherri Crichton told Deadline she welcomed the decision and looked forward to discovery and presenting the case to a jury. She said the case affects writers, creators and their families and estates.

The Pitt’s third season is in production and scheduled for release in January 2027.