Appeals court revives lawsuit by Michael Crichton’s widow, spelling ‘ER’ trouble for ‘The Pitt’

Judges pointed to “clear and numerous similarities” between The Pitt and ER in allowing a lawsuit from Michael Crichton’s widow to move forward, according to a ruling cited by Variety. The appeals court said the shows’ overlap goes beyond a hospital backdrop, flagging the emergency-room setting, rapid pacing, heavy medical jargon, graphic injuries, and exhausted staff — plus a storyline anchored by a young doctor fresh out of med school — as enough to warrant a trial.

The case stems from a reported 1994 agreement between Crichton and Warner Bros. that required mutual approval for any ER spin-offs, remakes, or other derivative works. Sherri Crichton, who filed suit in 2024, alleges The Pitt grew out of an abandoned ER reboot idea without her sign-off. Warner Bros. Television is the central target of the suit; the court dismissed claims against Noah Wyle, John Wells, and R. Scott Gemmill, finding no evidence they knew they could be violating Crichton’s contractual rights, per Variety.

“We find the details here suffice for a prima facie case,” the court said.

The ruling keeps the legal fight alive against the studio and sets the dispute on a path toward trial unless the parties settle.

Season 3 still on deck

Legal drama aside, HBO has already renewed The Pitt for a third season, slated to return in January 2027 . Production began in June 2026 , with the show sticking to its real-time format that unfolds over a single hospital shift. Season 3 is expected to take place in early November, several months after the events of Season 2.

• Noah Wyle — Dr. Michael “Robby” Robinavitch
• Ayesha Harris — Dr. Parker Ellis
• Patrick Ball
• Katherine LaNasa
• Taylor Dearden
• Isa Briones
• Gerran Howell
• Shabana Azeez
• Sepideh Moafi

HBO says the upcoming run brings a new round of medical emergencies and fresh personal fallout to Pittsburgh’s emergency department. Season 3 of The Pitt is scheduled to premiere in January 2027.