Overview
- Warner Bros. TV, Noah Wyle, John Wells and R. Scott Gemmill filed an appellants' opening brief on Oct. 29 asking California’s Second Appellate District to reverse the trial court’s anti-SLAPP denial and toss the suit.
- The filing argues there is no evidence The Pitt used ER, emphasizing different characters, plot, themes, setting and a real-time format, and warning that the suit would chill creative expression across the industry.
- Defendants contend the ideas the estate cites, including real-time episodes and post-Covid story concepts, came from a later reboot treatment by R. Scott Gemmill and were free to be used in a new series.
- The Crichton Trust’s attorney called the appeal a rehash of arguments already rejected when Judge Wendy Chang allowed the claims to proceed after denying anti-SLAPP in February.
- No hearing or trial dates have been set, and The Pitt’s second season is slated to premiere Jan. 8, 2026 on Max as the litigation continues.