Appeals Court Sends The Pitt vs. ER Lawsuit to Jury Trial
A panel upheld a lower court ruling, and a jury trial in L.A. Superior Court could begin as early as next summer unless the parties settle.
An appeals court panel affirmed a lower court ruling in the lawsuit over whether the HBO series The Pitt is derivative of ER, clearing the case to proceed to a jury trial in L.A. Superior Court, according to Deadline.
Discovery in the case is still to come, and a trial could begin as early as next summer unless the parties settle. Warner Bros and the producers of The Pitt did not respond to Deadline's request for comment on the ruling.
The dispute dates back to October 2025, when Warner Bros filed an appellants' opening brief on October 28 arguing there was no evidence The Pitt was made by copying from or using ER. Two months before this ruling, arguments were heard for The Pitt producers and the Michael Crichton Estate on whether the series is derivative of ER.
Judge Wendy Chang had previously denied Warner Bros' anti-SLAPP motion to toss the case. Warner Bros is now described as Skydance-owned; the producers named among the appellants include John Wells and R. Scott Gemmill.
Separately, Season 3 of The Pitt is set to debut in January 2027.
Quick answers
What did the appeals court rule in the The Pitt lawsuit?
The panel affirmed a lower court ruling, so the case over whether The Pitt is derivative of ER will go to a jury trial in L.A. Superior Court.
When could the trial begin?
A trial could begin as early as next summer unless the parties settle, and discovery is still to come.