‘ER’ and ‘The Pitt’ share enough similarity for lawsuit to move forward, court decides

A three-judge appeals court panel in California upheld a lower court’s ruling permitting a lawsuit involving two medical shows to move forward, finding that "ER" and "The Pitt" have enough in common to warrant the court case.

Big picture view:

The widow of Michael Crichton, who created NBC’s "ER," which ran from 1994 to 2009, filed the lawsuit against Warner Brothers Television, which currently produces "The Pitt" for HBO Max. Sherri Crichton also sued actor Noah Wyle, who starred in both shows and serves as a producer of "The Pitt," along with John Wells, who created "The Pitt" and R. Scott Gemmill, an executive producer of "The Pitt." Along with Wyle, both Wells and Gemmill also worked on both shows. 

But the panel found no evidence that the three knew the provisions of the Crichton contract the suit accuses them of tampering with.

The judges had to determine whether the two programs had at least a minimal amount of similarity that would give the lawsuit enough merit to continue. They did not decide on whether one was a copy or a reboot of the other; they simply decided that the case, which seeks to answer that question, can continue at all. 

The court agreed with Sherri Crichton that "both shows provide commentaries on the healthcare system; they focus specifically on the emergency room and the difficult conditions under which the medical staff operates. 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."

They also agreed that both shows include "very fast pacing, and reactions to multiple overlapping crises. The fact-paced dialogue is (to a layperson) frequently incomprehensible shorthand and jargon, ending an air of immediacy and accuracy." 

The backstory:

Michael Crichton, a novelist also known for "Jurassic Park," wrote the pilot for "ER," which focused on a Chicago emergency room that drew tens of millions of viewers each week. 

Sherri Crichton filed the lawsuit two years ago before "The Pitt" premiered. "The Pitt" depicts a real-time day in the life of a Pittsburgh emergency department and has drawn a new generation of fans, picking up two Emmys for best drama, along with a pair of Emmys for Wyle as best actor. 

Sherri Crichton alleges "The Pitt" is a rebranded version of an unauthorized "ER" reboot that she had previously rejected. Her husband secured a somewhat rare "frozen rights" provision in his contract that prohibits Warner Brothers from producing or developing any sequels, remakes, spinoffs or other productions derived from "ER" without consent. The author died of cancer in 2008. 

After Warner Brothers could not reach an agreement with Sherri Crichton over a proposed reboot of "ER," she claims Warner Brothers set out to produce the same series under a different name and setting without permission. 

What they're saying:

"[Warner Brothers Television] 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."

The production company acknowledges "generic similarities" between the two shows, but says such similarities would exist in "any dramatic story" focused on "overworked doctors and staff." 

 

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