WB Fights Back: Lawsuit Accusing 'The Pitt' of 'ER' Plagiarism Denied!

An ongoing legal battle continues to unfold around HBO’s medical drama “The Pitt,” with the estate of “ER” creator Michael Crichton alleging that the series is merely a derivative work of an unproduced “ER” reboot. This lawsuit, which surfaced in August of last year, posits that the HBO original is a mere “reskinning” of a concept initially designed as a sequel or reboot for the iconic medical series “ER.” Noah Wyle, a star in “The Pitt” and formerly of “ER,” previously expressed his profound sadness and disappointment regarding the legal challenge.
In a significant development, Warner Bros. TV, alongside “The Pitt” creatives John Wells, R. Scott Gemmill, and Wyle himself, has moved to dismiss the lawsuit. An appellants’ opening brief filed recently by Warner Bros. TV emphatically declared, “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 that copyright test for a ‘derivative work’ does not apply.” The filing further invoked anti-SLAPP provisions, asserting that the 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.”
Despite the legal complexities, anticipation is high for the second season of “The Pitt,” which is set to premiere on HBO Max on January 8. This upcoming season will feature a compelling time jump to the Fourth of July weekend and will introduce both new and returning cast members to the Pittsburgh Trauma Medical Center. Noah Wyle, along with co-star Shawn Hatosy, is also stepping behind the camera to direct an episode for the new season.
Stars Noah Wyle and Katherine LaNasa recently provided updates on the filming of Season 2 at a charity event in Los Angeles, confirming they are currently deep in production. LaNasa offered a vivid, albeit darkly humorous, description of the medical scenarios portrayed in the show, calling the work demanded of the medical professionals “thoroughly disgusting. Thoroughly, thoroughly disgusting. Disturbing, heartbreaking. This is what we do every day at ‘The Pitt.’” This insight underscores the intense realism the series aims to capture.
Looking ahead, while HBO and Warner Bros. TV have yet to officially greenlight a third season, the show’s initial success has led to high expectations for its longevity. HBO Max boss Casey Bloys has openly stated his ambition for “The Pitt” to become the streamer’s equivalent of “Grey’s Anatomy,” envisioning it as a flagship property that could run for the next two decades. With a wealth of stories remaining at the fictional Pittsburgh Trauma Medical Center, the future of “The Pitt” appears promising, even as legal proceedings continue to unfold.
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