Update on Major ‘The Pitt’ Lawsuit

HBO’s smash-hit series The Pitt is showing signs of life in a legal battle.

A recent lawsuit from the estate of Michael Crichton—best known for writing the novel Jurassic Park and creating ER, a medical drama and TV hit—alleged that The Pitt was a rip-off of ER.

As of now, Warner Bros is attempting to get the case thrown out, according to Deadline.

“There was no evidence that The Pitt was made by copying from or using ER, so there was no evidence that The Pitt was ‘derivative’ of ER — even if the copyright test for a ‘derivative work’ does not apply,” says an appellants’ opening brief filed by WBTV, series star Noah Wyle, and other behind-the-scenes folks on the crew.

The filing states that the case “provides a quintessential example of why anti-SLAPP exists,” hoping that the Los Angeles Supreme Court will not only throw out a prior ruling but for the case to be dismissed entirely.

“Plaintiff is misusing the judicial system to try to shut down important speech because Ms. Crichton couldn’t reach a deal she liked, even though The Pitt does not use a single protected element from ER,” the statement continued. “The shows’ only similarities are (1) they are both medical dramas set in emergency departments—like dozens of other shows—and (2) they share a single actor, Defendant Noah Wyle, playing different characters.”

The Pitt is one of HBO’s biggest shows, and when it started this past January it flew under the radar. Not so now, where it won the highest prize at the Emmy Awards in addition to four others and is now set for a January 2026 premiere of Season 2.