The Pitt can proceed as a case against ER, US appeals court rules
Michael Crichton's widow Sherri can pursue her lawsuit over the medical drama, with a jury trial set for 2027.
Key facts
Story- A US appeals court found clear and numerous similarities between The Pitt and ER.
- The court rejected an appeal by Warner Bros Television, which argued the shows are unrelated.
- Sherri Crichton's lawsuit will now go to a jury trial in 2027.
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The Pitt
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ER
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A US appeals court has ruled that The Pitt is similar enough to ER for a long-running lawsuit to continue. The case is brought by Sherri Crichton, the widow of Michael Crichton, who created the 1990s medical drama ER.
A three-judge panel issued a unanimous opinion on Wednesday, 4 November. It rejected an appeal from Warner Bros Television, which owns the rights to The Pitt. The studio has argued for two years that the two shows are unrelated. The court said it found clear and numerous similarities between them.
What the lawsuit claims
Sherri Crichton argues that The Pitt is effectively a reboot of ER. The ruling means her claim can now go before a jury. The trial is scheduled for 2027.
The Pitt has won awards since its release, and it shares ER's hospital-based setting. Crichton's estate says the newer show borrows too much from the original to count as a separate work. Warner Bros Television has not accepted that view.
What happens next
The case now moves to a jury trial in 2027, unless the parties reach a settlement before then. Warner Bros Television has not said how it will respond to the ruling. The court's opinion does not decide whether the shows infringe on ER. That question is for the jury to answer.
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