Appeals Court Lets Crichton’s ‘The Pitt’ Suit Proceed — SkimNews
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- The appeals court unanimously denied Warner Bros.’ appeal and found the similarities sufficiently detailed for Sherri Crichton to establish a prima facie case.
- The Pitt has clear and numerous similarities to ER, according to the panel: an emergency-room setting, fast pace, medical jargon, graphic injuries and a young, incompetent doctor fresh from medical school.
- Sherri Crichton filed suit in August 2024 alleging that John Wells and Noah Wyle initially sought to reboot ER before changing course after failing to secure her permission.
- Michael Crichton wrote the 1974 script about his medical-student experiences on which ER was based, and his Warner Bros. contract included a “frozen rights” provision blocking spinoffs or reboots without his approval.
- The panel dismissed claims against Noah Wyle, John Wells and R. Scott Gemmill after finding no evidence that they knew they could be violating Crichton’s contractual rights.
- Judge Wendy Chang denied Warner Bros.’ motion under California’s anti-SLAPP statute last year after finding that Sherri Crichton had offered enough evidence to proceed.
- The lawsuit can proceed at trial court; absent a settlement, a jury could decide whether The Pitt is a derivative work of ER.
Why it matters: Sherri Crichton gains a route to a jury trial on whether The Pitt violates the “frozen rights” in Michael Crichton’s Warner Bros. contract, while Warner Bros. must continue the litigation. The ruling also narrows the case by dismissing claims against three creators: Noah Wyle, John Wells and R. Scott Gemmill.
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