Dissecting The Pitt vs ER Lawsuit

A three-judge panel of California’s Second District Court of Appeal California issued a decision on November 4, 2026 in the case Roadrunner JMTC LLC v. Warner Bros. Television, No. B344915, (Cal. Ct. App. Nov. 4, 2026) – aka The Pitt vs ER – the parties referred to as “Roadrunner” and “WBTV.” The panel decided that the lawsuit may move forward to trial, denoting a major hurdle for WBTV’s case that the medical drama The Pitt is not a derivative work of the classic series ER.

Michael Crichton created the show ER and in 1994 entered into a contractual agreement with WBTV and Amblin Entertainment (not named in the lawsuit). Roadrunner, controlled by Crichton’s widow, sued WBTV in August 2024 claiming that The Pitt is an unauthorized reboot of the ER series. Roadrunner claims that The Pitt violates Crichton’s 1994 contract. Specifically, a “frozen rights” provision of that contract blocks WBTV from making sequels, remakes, or spinoffs of ER without Crichton’s consent – or that of his