Noah Wyle ’s wildly popular hospital drama The Pitt is “not derivative” of his former show ER , so a judge’s ruling last February that allowed a breach of contract lawsuit to proceed against Warner Bros. TV, Wyle, and his co-producers sets a “terrible precedent” and should be overturned, a new appeal brief argues.

Wyle and his co-defendants filed their lengthy brief in California’s Second Appellate District minutes before the 11:59 p.m. deadline Monday. Over 71 pages, they double down on their position that The Pitt is an “original and innovative” drama that’s “intentionally different” from ER in all the ways involving protectable intellectual property. They allege Sherri Crichton, the widow of ER creator Michael Crichton , has no viable evidence supporting her claims tha

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