WB Fights Back: ‘The Pitt’ Lawsuit Over Alleged ‘ER’ Plagiarism Dismissed

The legal saga surrounding HBO’s acclaimed medical drama The Pitt has taken a decisive turn. Warner Bros. Television has formally moved to dismiss the lawsuit filed by the estate of ER creator Michael Crichton, which accused The Pitt of being a derivative work of an unproduced ER reboot. The contentious case, first filed in August 2024, alleged that HBO’s drama was essentially a “reskinning” of the original NBC classic.
Warner Bros., joined by The Pitt’s creative team including John Wells, R. Scott Gemmill, and star Noah Wyle forcefully denied the allegations. In their opening brief, the studio 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 (Strategic Lawsuit Against Public Participation) protections, accusing the plaintiff of misusing the courts to suppress legitimate artistic expression. Warner Bros. asserted that the lawsuit stemmed from a failed negotiation between Crichton’s estate and HBO, emphasizing that The Pitt “does not use a single protected element from ER.”
Noah Wyle — who famously portrayed Dr. John Carter on ER and now leads The Pitt — previously described the lawsuit as “deeply disappointing,” noting that while The Pitt honors the legacy of medical dramas, it represents a wholly original creation.
Despite the courtroom drama, anticipation remains high for The Pitt’s second season, which is set to debut on HBO Max on January 8, 2026. The upcoming season will feature a time jump to the Fourth of July weekend, exploring new crises at the Pittsburgh Trauma Medical Center while reuniting viewers with familiar faces. Wyle and Shawn Hatosy are also directing episodes this season, expanding their roles beyond acting.
At a recent Los Angeles charity gala, co-star Katherine LaNasa gave fans a glimpse into the production, describing the on-set atmosphere with grim humor:
“The work our characters do is thoroughly disgusting. Thoroughly, thoroughly disgusting. Disturbing, heartbreaking. This is what we do every day at The Pitt.”
Her comments highlight the show’s gritty, hyperrealistic tone — one of the reasons it has been praised for its unflinching portrayal of frontline medical chaos.
Looking forward, HBO and Warner Bros. have yet to officially renew The Pitt for a third season, but enthusiasm within the network remains strong. HBO Max chairman Casey Bloys recently expressed a long-term vision for the series, stating he hopes The Pitt could become “the streamer’s Grey’s Anatomy — a flagship medical drama that runs for decades.”
As The Pitt prepares for its sophomore season amid mounting acclaim and ongoing legal intrigue, the show appears poised to solidify its place as one of HBO’s most ambitious original dramas — one that’s not afraid to fight for its creative identity.
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