What we know
What we know: 'ER' and 'The Pitt' are similar enough for lawsuit to move forward, appeals court finds
Compiled Nov 5
What we know
- A California appeals court ruled that 'ER' and 'The Pitt' have enough similarity for the lawsuit to move forward.
- A three-judge panel from California's 2nd District Court of Appeal ruled unanimously on Wednesday.
- The panel found the trial court judge was correct to reject Warner Bros. Television's motion to throw out the case.
- The judges dismissed Noah Wyle and two other producers, John Wells and R. Scott Gemmill, as defendants.
- Sherri Crichton, widow of 'ER' creator Michael Crichton, filed the lawsuit two years ago, before 'The Pitt' had aired.
- Michael Crichton secured a 'frozen rights' provision in his ER contract prohibiting Warner Bros. from making sequels or spinoffs without his or his estate's consent.
What we don’t know yet
- Emails seeking comment on the ruling were sent to lawyers for Warner Bros., with no response noted in the article.
Open questions
- Will Warner Bros. appeal or respond to the ruling?
- What evidence will be presented at trial regarding the alleged similarities?
- How will the 'frozen rights' provision be interpreted in further proceedings?
- Could the case result in changes to 'The Pitt's' production or distribution?
Drawn from the Associated Press report. “What we don’t know” lists only what the reporting itself flags as unresolved.