The Pitt, the upcoming Max medical series starring former ER lead Noah Wyle, is now the subject of a lawsuit alleging it is an unauthorized ER reboot. Throughout all 15 seasons of the ground-breaking drama ER, Wyle played Dr. John Carter, a medical student who eventually became one of the most respected doctors at County General Hospital. Wyle made headlines earlier this year when it was announced he would be returning to the genre with The Pitt, which also comes from ER producers John Wells and R. Scott Gemmill.
Now, however, The Pitt is facing some trouble. Per Variety, Sherri Crichton, the widow of original ER creator Michael Crichton, is suing Warner Bros. TV, Wells, Gemmill, and Wyle for moving forward with The Pitt, which she alleges is a copy of the prior show, without approval from the Crichton estate. In part, the official complaint reads:
‘The Pitt’ is ‘ER. ‘It’s not like ‘ER.’ It’s not kind of ‘ER.’ It’s not sort of ‘ER.’ It is ‘ER’ with the exact same executive producer, writer, star, production companies, studio and network as the planned ‘ER’ reboot.
Rather than afford Crichton the ‘created by’ credit he deserved, Defendants would pretend their reboot was not his creation at all, thereby enriching themselves to the tune of millions of dollars — potentially hundreds of millions or several billion dollars in success — and depriving Crichton’s heirs of their rightful share.
Following the news of the lawsuit, Warner Bros. TV issued this statement to Variety:
The lawsuit filed by the Crichton Estate is baseless, as ‘The Pitt’ is a new and original show. Any suggestion otherwise is false, and Warner Bros. Television intends to vigorously defend against these meritless claims.
Breaking Down The Lawsuit Against The Pitt
Is The Pitt Actually An ER Reboot?
ER, a well-regarded drama that starred the likes of George Clooney, Anthony Edwards, Maura Tierney, and Angela Bassett, ended after 15 seasons in 2009. As Wyle himself has said, he began talking to Wells about a potential ER reboot back in 2020, spurred by the onset of the COVID-19 pandemic. However, the actor added that while they developed a proper concept, negotiations later fell apart. In March 2024, The Pitt was officially given a series order at Max, with Wyle leading the cast and Wells and Gemmill on board as producers.
The Pitt is described as an in-depth look at the difficulties facing medical professionals in today’s world. Unlike ER, which was set in Chicago, the upcoming show will be centered on a Pittsburgh hospital. Nevertheless, Sherri Crichton’s suit alleges that, The Pitt is in fact the ER reboot that Wells and Wyle initially discussed in 2020. Crichton claims that Wells contacted her in 2020 and said Warner Bros. would soon be announcing an ER reboot. However, Crichton asserted her late husband’s estate’s “frozen rights” to approve any potential revival.
Beyond Wyle,
The Pitt
does not feature any additional
ER
cast members
, and it is said to have a different tone.
Sherri Crichton was told Michael would receive a “created by” credit, and that his estate would be paid. However, this offer was later rescinded, and, as Wyle himself alluded to, talks fell apart. The lawsuit is looking for an injunction to prevent Warner Bros. from violating Crichton’s contract, as well as additional damages.
Whether the Crichton estate will prevail remains to be seen, as it isn’t entirely clear how similar The Pitt truly is to ER. Presumably, Warner Bros. TV and the creatives behind the new show, which is expected to premiere next year, will mount a forceful defense that The Pitt is an entirely separate show from ER. However, it is notable that Wyle’s own comments about a potential ER reboot partially support Sherri Crichton’s claims, as that could complicate matters for the defendants.
Source: Variety