Appeals Court Clears Crichton Lawsuit Against The Pitt
A California appeals panel affirmed a ruling letting the Michael Crichton Estate's suit over the HBO series The Pitt proceed toward a jury trial.
Updated on Nov. 5, 2026 in Television
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A panel of California appeal court judges affirmed a lower court ruling in a two-year-old case, allowing the Michael Crichton Estate's lawsuit against the producers of HBO's The Pitt to move forward. The dispute centers on whether The Pitt is derivative of the ER television series.
Why it matters
The ruling keeps alive a claim that a Los Angeles jury could decide on whether a modern medical drama borrows too heavily from a landmark TV series. The outcome may shape how studios assess the legal risk of projects tied to established franchises.
The appeal was filed in a case two years old, with appellants' opening brief dated October 28, 2025, after a Los Angeles Superior Court judge denied the studio's anti-SLAPP motion to dismiss. Whether the claim will reach a jury remains unresolved, as the extraction does not indicate a settlement or trial outcome.
The players
Michael Crichton Estate
The estate of the bestselling author and creator of the television series ER, whose work is central to the derivative-work claim.
Warner Bros. Television
The television production arm of Warner Bros., which owns The Pitt and is a defendant in the lawsuit.
Skydance
The media company that now owns Warner Bros., as part of its acquisition of the studio.
The details
Judges reviewed arguments from the Pitt producers and the Crichton Estate over whether the HBO series is derivative of ER. The Pitt is owned by Warner Bros., now part of Skydance, and the suit is brought by Sherri Crichton on behalf of the John Michael Crichton Trust's Roadrunner JMTC. Representatives for WBTV and the Pitt producers did not respond to a request for comment.
Timeline
October 28, 2025: Appellants filed their opening brief arguing The Pitt is not derivative of ER.
November 4, 2026: The appeal court affirmed the lower court ruling, sending the case toward a jury trial.
Next summer: A jury trial could begin unless the parties settle.
January 2027: Season 3 of The Pitt is set to premiere.
Legal Context
The lawsuit follows a long line of television disputes over whether later medical dramas borrow too heavily from established series. The appellate ruling sends a claim tied to ER toward a Los Angeles jury, a path that could clarify how derivative-work claims apply to hit television formats.
The outcome could affect whether future seasons of The Pitt face delays or changes tied to the claim. Viewers will not see immediate changes to access, since the case has only cleared an appeal and has not reached trial.
The takeaway
Legal fights over whether a new series borrows from an older hit can take years to resolve, and appellate rulings often only decide whether a claim may proceed. Readers following the case should watch for trial scheduling or any settlement announcement.
What happens next
A jury trial in Los Angeles Superior Court could begin as early as next summer unless the parties settle, and Season 3 of The Pitt premieres in January 2027.
Further reading
For more on the studio and series at the center of this dispute, see Television coverage on Wisevoter.
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