Max's 'The Pitt' producers have submitted a final briefing to counter allegations from Michael Crichton's estate that the Emmy-winning series is a knockoff of 'ER,' a claim stemming from a lawsuit filed by Crichton's estate in 2024 against Warner Bros.
Producers Deny Knockoff Allegations
The defendants, including producer John Wells and actor Noah Wyle, argue in a reply brief that the suggestion 'The Pitt' is derived from 'ER' is unfounded. They state, "Plaintiff seeks to kill 'The Pitt' — and claims it should never have aired — based on a plainly incorrect misreading of a single phrase in a 1994 contract that gave Crichton approval rights over 'derivative works' of 'ER.'"
The defense maintains that 'The Pitt' lacks protected elements from 'ER,' beyond sharing the hospital drama genre and certain non-protectable tropes, such as medical jargon. They assert, "Wyle certainly does not play the same character."
Lawsuit Origins
The lawsuit accuses the producers of breaching a contract and alleges 'The Pitt' was born after a failed reboot deal of the NBC medical drama. The defendants claim the estate considered an 'ER' reboot that would have included ideas like real-time pacing, an element absent from the original 'ER.'
Legal Proceedings and Anti-SLAPP Motion
The producers sought to dismiss the lawsuit using California’s anti-SLAPP statute, designed to protect free speech from frivolous lawsuits. However, a trial judge allowed the case to proceed, citing sufficient merit in the estate's claims. The producers have appealed, arguing that the court used the wrong standard and that the estate's claims should be dismissed unless they are both legally viable and supported by admissible evidence.
Awaiting Court Decision
The future of the case hinges on oral arguments before the appellate court. Meanwhile, 'The Pitt,' which garnered 13 nominations during its first season, completed its second season last month. The series has been renewed for a third season on Max, with production scheduled to begin in June.
Source: https://variety.com/2026/tv/news/the-pitt-er-knockoff-lawsuit-appeal-1236746491/
