Making itsMaxdebut on June 27, 2025, HBO’s sobering new medical dramaThe Pittquickly courted public controversy. The spiritual successor toERstars Noah Wyle as Dr. Michael Rabinavitch, a dedicated healthcare professional navigating personal issues and workplace problems with his fellow staffers. Despite drawing praise for its unflinching realism,The Pittis making headlines for all the wrong reasons.
Five months beforeThe Pittpremiered,ERcreator Michael Crichton’s estate sued HBO for making an unauthorized “ERreboot.“While there’s no such thing as bad publicity, Warner Bros. and HBO have doubled down on itsnew medical dramaand filed a motion to throw out the lawsuit and keep the show on air. With both sides of the legal argument making legitimate cases, it’s time to get to the bottom of the controversial drama behindThe Pitt.
‘The Pitt’s Premise, Explained
Created by longtimeERproducer R. Scott Gemmill,The Pittis a hard-hittingAmerican medical dramaset in Pittsburgh, Pennsylvania.Each episode traces a 15-hour shift inside the Emergency Room department in the fictional Pittsburgh Trauma Medical Hospital. The characters include senior Dr. Michael “Robby” Rabinavitch, senior resident Dr. Heather Collins (Tracy Ifeachor), Robby’s close colleague Dr. Frank Langdon (Patrick Ball), ER Charge Nurse Dana Evans (Katherine LaNasa), and other various staffers responsible for specialized duties.
Set in modern-day Pittsburgh,The Pittcovers contemporary medical issues ill-afforded toERwriters 30 years ago. For instance, Dr. Robby is reeling over the overwhelming trauma he experienced while treating patients during the height of the COVID-19 pandemic. Meanwhile, the socially awkward Dr. Mel King (Taylor Dearden) specializes in assisting military veterans who served their country in skirmishes abroad that occurred well afterER’s initial run.
Yet, despite the pressing 21st-century medical issues,The PittandERare too similar inthe eyes of Michael Crichton’s estate, and legal action was taken.
Why Michael Crichton’s Estate Sued HBO & Max Over ‘The Pitt’
In August 2024,Michael Crichton’s estate filed a lawsuit against HBO and Max claiming thatThe Pittis an “unauthorized ER reboot”(as per Variety). Crichton, who passed away in 2008, is a highly decorated science fiction writer who createdERin the early 1990s, based on his experience as a medical student. While most associated withJurassic Park, Twister, Westworld, and more,ERremains one of Crichton’s most successful creations.
Beyond the emergency room setting,the lawsuit’s most concrete evidence points to the originalERactor, Noah Wyle, and inaugural producer, R. Scott Gemmill. Wyle famously portrayed Dr. John Carter inERfrom 1994 to 2009, starring in over 250 episodes. Wyle has appeared in moreERepisodes than any other actor, making him semi-synonymous with the hit medical drama. Likewise, Gemmill served as an executive producer, consulting producer, and co-executive producer onERfrom 1999 to 2007, logging 173 episodes during his tenure.
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The suit claims that, after Crichton’s estate denied Wyle and producer John Wells the opportunity to rebootER, they went behind the estate’s back and created The Pitt independently.
Given the damning evidence, Crichton’s estate tried to stopThe Pittbefore it aired in January 2025. However, in November 2024, top HBO and Max brass, Casey Bloys, vowed to forge ahead withThe Pittanyway, insisting that the lawsuit would not hinder the release schedule or its reception. The reality is that, while it’s easy to linkERandThe Pittthrough Wyle and Gemmill, the show features an entirely different setting and cast of characters.If anything, the show functions asa loose spiritual successorrather than a deliberate reboot.
According to Bloys:
“I’m sure I’m not supposed to talk about active litigation, but I will say the idea that a show can’t be set in an ER seems kind of unrealistic on its face, that no other show can be set in a hospital emergency room. I mean,it’s kind of a staple on television. I don’t anticipate impacts on the show itself, but I’ll leave that to the Warner Bros. lawyers.”
HBO’s Counterargument, Explained
Three months after Crichton’s estate filed the lawsuit against HBO, Warner Bros. motioned to dismiss it. In its counterargument, HBO claimed:
“‘The Pitt’ is a completely different show from ‘ER.‘Plaintiff cannot use Mr. Crichton’s ‘ER’ contract as a speech-stifling weapon to prevent Defendants from ever making a show about emergency medicine.”
Warner Bros.’s stance differs greatly from the view of Crichton’s estate. In the latter’s lawsuit, the argument was made:
“‘The Pitt’ is ‘ER’. It’s not like ‘ER.’ It’s not kind of ‘ER.’ It’s not sort of ‘ER.’ It is ‘ER’ with the exact same executive producer, writer, star, production companies, studio, and network as the planned ‘ER’ reboot.”
Max Now Being Sued by Michael Crichton’s Widow Over Illegal ER Reboot, The Pitt
The estate of late author Michael Crichton filed a complaint in the Los Angeles Superior Court against the parties involved with the medical drama.
The final word went to Crichton’s estate, which responded to Warner Bros’ filed motion one day later, stating:
“Casey Bloys’ comments are not credible and ignore the facts of the case. The case is not about whether someone can do a show set in a hospital. It is about whether Warner Bros., John Wells, Noah Wyle, and Scott Gemmill can spend two years developing anERreboot, negotiate with the estate for nearly a year to obtain consent per Michael Crichton’s contract, and,when they can’t get the terms they want, proceed with the exact same show with a different title and location.”
Update on the Lawsuit of ‘The Pitt’ as of January 2025
A Los Angeles Superior Court judge recently issued a “soft tentative” ruling denying Warner Bros Discovery’s attempt to dismiss the lawsuit. This meansthe court is leaning toward allowing the case to move forward, though a final decision or date for said decision has not yet been made. At the hearing, Judge Wendy Chang emphasized the high standard required by anti-SLAPP statutes (laws designed to protect free speech). Unfortunately, a timeline has not been established as the judge noted that she has a busy schedule and did not provide a specific date for a definitive ruling.
This meansit could be weeks or months before the case proceeds. However, the case not being dismissed as requested by Warner Bros. does not mean that the result will settle in favor of Crichton’s estate. A settlement can also take months to years, depending on the complexity of the legal arguments posed. If the case goes to trial, it could take two to five years.
No matter where viewers come down on the legal argument, what’s lost in the behind-the-scenes drama is how acclaimedThe Pitthas become. The show holds an 8.4 IMDb rating and 93% Rotten Tomatoes Score (77% audience score) hailed for the gritty realismthat the long-runningER’s sappy melodrama hardly showcased.
