The appeals court determined that “ER” and “The Pitt” were adequately similar
A California appeals court has greenlit a lawsuit filed by the estate of Michael Crichton claiming that the HBO Max series “The Pitt” is an “unauthorized reboot” of the NBC show “ER,” reported The Associated Press.
Sherri Crichton, Michael Crichton’s widow, had filed the suit two years previously. She alleged that “The Pitt,” which debuted last year, was a rebrand of a pitched reboot she had shot down.
“ER” ran on NBC from 1994 to 2009 and featured the happenings in an emergency room in Chicago. “The Pitt” is heading into its third season on HBO Max, with each of the first two seasons focusing on one 15-hour shift at a Pittsburgh emergency room.
Both medical drama series are highly acclaimed and have garnered Emmys. Both were produced by Warner Bros. Television.
Michael Crichton had penned the pilot script for “ER,” and his contract included a “frozen rights” provision banning Warner Bros. from making sequels, remakes, spinoffs, or “ER”-derivative provisions without the go signal of either himself or his estate. He died of cancer in 2008, before “ER” wrapped up in 2009.
Sherri Crichton claimed that Warner Bros. Television went ahead with creating a show with a premise similar to that of “ER” despite failing to obtain her permission.
A three-judge panel from the 2nd District Court of Appeal in California unanimously sided with Crichton and the trial court judge, rejecting Warner Bros. Television’s bid to have Crichton’s suit thrown out. The panel conceded that “ER” and “The Pitt” were commentaries on the healthcare system that showcased hospital emergency rooms and their staff.
“Both shows take place, with little exception, in the emergency room, as opposed to other medical shows which track patients as they move out of the emergency room, or indeed never enter it,” the panel said in its opinion, a snippet of which was published by AP News.
The judges also noted that the two shows shared “very fast pacing, and reactions to multiple overlapping crises.”
“The fast-paced dialogue is (to a layperson) frequently incomprehensible shorthand and jargon, lending an air of immediacy and accuracy,” the panel said in the opinion, a snippet of which was published by AP News.
However, the defendants in the case countered that the similarities between the shows were generic ones that could be found in all dramatizations of the lives of overloaded medical professionals and staff.
While Crichton’s suit may move forward, the appeals court did drop defendants that it determined were unaware of the provisions in Michael Crichton’s contract based on lack of evidence: “The Pitt” producer and actor Noah Wyle, who starred in both shows; “The Pitt” creator John Wells, who had worked on “ER”; and “The Pitt” executive producer R. Scott Gemmill, who also did work on “ER.”
Moreover, the appeals court permitting the progression of Crichton’s suit does not guarantee a legal victory for the estate.
“WBTV continues to maintain that ‘The Pitt’ is an entirely original series and that the claims against it are without merit. Nothing in the Court of Appeal’s decision establishes otherwise, and WBTV looks forward to defending its position as the case proceeds,” Warner Bros. Television said in a statement published by AP News.
