Legal representatives for Max’s show “The Pitt” filed a final briefing on Monday to counter allegations that the Emmy-winning series is an imitation of “ER.” This represents the latest development in a lawsuit initiated by the estate of “ER” creator Michael Crichton against Warner Bros. in 2024.
In a reply brief submitted Monday night, the defense, which includes producer John Wells and actor Noah Wyle, argued that the claim of “The Pitt” being a derivative of “ER” is “baseless.”
The reply brief states, “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 argues there is insufficient evidence, stating that “‘The Pitt’ contains no protected elements from ‘ER’: aside from sharing a genre (hospital drama) and certain unprotectable, genre-specific tropes, like the use of medical jargon, the two shows are nothing alike.”
“Wyle certainly does not play the same character,” it added.
The defense also claims that the Crichton estate filed the lawsuit before “The Pitt” even premiered and that the estate had “at one point considered, but ultimately abandoned, the idea of making an ‘ER’ reboot that shared certain ideas with ‘The Pitt’ — such as real-time pacing — that never appeared in ‘ER’ itself.”
The initial lawsuit accuses the producers of breach of contract, alleging that “The Pitt” was created only after negotiations to reboot the NBC medical drama failed.
The producers attempted to dismiss the estate’s complaint under California’s anti-SLAPP statute, which aims to protect free speech from frivolous litigation. A trial judge denied this motion, affirming that the estate’s claims were substantial enough to move forward.
The producers have appealed, arguing that the trial court did not apply the correct standard and that under the anti-SLAPP statute, the plaintiff’s claims should be dismissed unless they are “both legally viable and supported by admissible evidence.”
The case now awaits oral arguments before the appellate court.
“The Pitt,” which received 13 nominations for its first season last year, concluded its second season last month. The series has been renewed for a third season on Max, with production scheduled to begin in June.
