Is The Pitt a reboot of ER?

A reader who used to work in the TV industry sent me a potboiler of a story from the New York Times about creative control, credits, and greed:

[T]alks over a sequel to “ER” broke down in disagreements between Warner Bros. Television and the estate of Michael Crichton, the best-selling author, who wrote the screenplay for the “ER” pilot. Negotiations with Mr. Crichton’s widow, Sherri Crichton, came so close that Warner Bros. Television had drafted a news release announcing the return of the show.

Ms. Crichton has since sued Warner Bros., Mr. Wyle, Mr. Wells and the creator and showrunner R. Scott Gemmill in a California state court, asserting that “The Pitt” is the “ER” reboot they negotiated in a disguise about as tricky as a pair of Groucho glasses.

The team behind “The Pitt” contends that not just the location and the name of the protagonist changed but everything from the lighting to the music to the pacing of the show. “When I was creating ‘The Pitt,’ I intentionally made it different than ‘ER’ (and every other medical drama I am aware of) in as many ways possible,” Mr. Gemmill said in a statement to the court.

I am struggling to imagine an average jury that could possibly determine whether something is a derivative work unless it's as obvious as "My Sweet Lord."

Of course, there's a lot of money on the table here, especially with The Pitt winning Emmy awards for Best Drama and Best Actor, not to mention getting picked up for a second season. ER is thought to have netted Michael Crichton and (some of) his heirs upwards of $250 million.