'ER' and 'The Pitt' similar enough for lawsuit to move forward, appeals court finds
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Key Points:
- A California appeals court ruled that a lawsuit alleging HBO Max’s “The Pitt” is an unauthorized reboot of “ER” can proceed, finding sufficient similarity between the two medical dramas focused on emergency rooms.
- The court unanimously upheld the trial judge’s decision to reject Warner Bros. Television’s motion to dismiss the case, but dismissed actors and producers Noah Wyle, John Wells, and R. Scott Gemmill as defendants due to lack of evidence of contract interference.
- The lawsuit, filed by the widow and estate of “ER” creator Michael Crichton, claims “The Pitt” violates a “frozen rights” contract clause that prevents Warner Bros. from producing sequels or spinoffs without consent.
- Both shows share key elements such as fast-paced dialogue, emergency room settings, and commentary on healthcare challenges, which the court cited as grounds for allowing the lawsuit to move forward.
- Warner Bros. Television maintains that “The Pitt” is an original series and plans to defend itself vigorously, stating the court’s decision does not confirm any wrongdoing.
