Max’s streaming original The Pitt has been a breakout hit on the 2025 TV schedule. The recent second season renewal for this Max subscription-driver shows quite a bit of confidence in Noah Wyle’s return to medical dramas. However, that could be in jeopardy, thanks to continued litigation by the Michael Crichton Estate.
A lawsuit has been brewing that alleged the new series is a thinly veiled copy of the NBC medical drama ER, which Crichton's estate has the rights to. Recently Warner Bros. Television tried to have the Crichton estate’s ER-centric lawsuit thrown out, attempting to use California's Anti-SLAPP statute, which allows suits to be tossed that inhibit free speech. However, thanks to a ruling in the Superior Court of California, that request was denied - leaving Team Crichton to move forward with their legal allegations.
The news was broken today, per a statement provided to us by a spokesperson for Sherri Crichton which noted:
This is an important win for Michael Crichton and the entire creative community. The Court has rejected Warner Bros.’ attempt to avoid responsibility for breaching its contract with Michael Crichton, finding that the Crichton Estate’s claim has merit and should proceed. Sherri Crichton was thrilled that the original team behind ER wanted to do a reboot and was shocked when Warner Bros. abruptly broke off negotiations and announced The Pitt – a carbon copy of the ER reboot that was pitched to her. The Crichton Estate looks forward to presenting its case to a jury and is confident it will prevail.
In all fairness, the issue of comparisons between The Pitt and ER has been present from the beginning of creator R. Scott Gemmill’s project. That concern was also shared through critical reactions to The Pitt’s early episodes, which weighed in on those potential similarities. Noah Wyle's confirmation of an ER reboot attempt also adds an interesting angle to this conversation, as his previous take with producer John Wells seems to highlight how much The Pitt's team didn't want to "dilute" the brand.
There doesn’t seem to be a consensus over whether or not the Pittsburgh based real-time drama fits the bill, but the decision makers over this case see enough of a case to proceed. Which means that those fans who’ve been talking about ER whenever The Pitt comes up in conversation will have a lot more to discuss.
One also has to wonder how and if this decision will affect that second season renewal Max issued earlier this month. But that might be an issue we’ll see addressed in the near future, as the next step in the Michael Crichton Estate’s case comes in the form of a Case Management Conference.
Set to take place towards the end of March, this meeting is basically to discuss how to handle the case going forward. Admittedly, this might not even be necessary, should Warner Bros. Television and the Michael Crichton Estate agree upon a settlement that lets everyone go home happy.
As it is with any case of this nature, the only parties who really know how things are proceeding are those who are personally invested in the outcome. We the public should see how this shakes out soon enough, especially if Warner Bros. Television issue a rebuttal to Team Crichton's statement.
In the meantime, the rest of The Pitt’s first season is still on deck for enjoyment. New episodes hit Max every Thursday, with eight hours of drama currently streaming for your enjoyment.
You must confirm your public display name before commenting
Please logout and then login again, you will then be prompted to enter your display name.
