Michael Crichton's estate has overcome a challenge and can move ahead with its lawsuit alleging the Max medical drama The Pitt is derivative of Crichton's 1990s TV hit ER, a Los Angeles judge has ruled.

Max’s streaming original The Pitt has been a breakout hit on the 2025 TV schedule. The recent second season renewal for this Max subscription- driver shows quite a bit of confidence in Noah Wyle’s return to medical dramas. However, that could be in jeopardy, thanks to continued litigation by the Michael Crichton Estate.

The ongoing lawsuit between the Michael Crichton estate and Warner Bros. will be allowed to move through discovery and to trial. This development took place on Monday night when the court dismissed Warner Bros.’ anti-SLAPP motion to dismiss the case.

A judge has allowed the estate of Michael Crichton to pursue its lawsuit over the Max show “The Pitt,” which the estate argues is an unauthorized reboot of “ER.” Crichton’s widow, Sherri, sued Warner Bros.