The Pitt vs. ER: Warner Bros. Loses Appeal as Michael Crichton's Estate Lawsuit Moves Toward Trial
The legal battle over whether The Pitt is an unauthorized derivative of ER is moving toward a possible jury trial. On November 4, 2026, a California appeals court upheld a ruling allowing Michael Crichton's estate to pursue its contractual claim against Warner Bros. Television. The studio maintains that the HBO Max medical drama is an independent work. The court also dismissed claims against several individual creators, making this a mixed procedural outcome rather than a final decision on whether the series violates the original ER agreement.