Author Michael Crichton poses for a portrait at The Peninsula Hotel in New York on Dec. 7, 2004. (AP Photo/Jim Cooper, File)
The estate of Michael Crichton, the screenwriter behind the pilot episode of "ER," has filed a lawsuit against Warner Bros. Television, alleging that the studio has developed a new medical drama that is essentially an unauthorized reboot of "ER" under a different name.
According to the lawsuit, Crichton's estate, led by his widow Sherri, had been in talks with Warner Bros. to create a reboot of the iconic medical series. When negotiations failed, the estate claims the studio went ahead and produced a new series based on the same concept without their consent.
The new show, titled "The Pitt," is set in Pittsburgh, unlike "ER," which was set in Chicago. The series will feature actor Noah Wyle, who famously portrayed Dr. John Carter in "ER" for over 250 episodes. Additionally, several key figures from "ER," including John Wells as executive producer and R. Scott Gemmill as showrunner, are involved in the new project. Wyle, Wells, and Gemmill are all named as defendants in the lawsuit.
Warner Bros. Television has dismissed the lawsuit, stating that "The Pitt" is a completely original show and that the claims made by Crichton's estate are without merit. The studio has expressed its intent to vigorously defend against the allegations.
Crichton, who passed away in 2008, had secured a "frozen rights" provision in his contract for "ER," which prevented Warner Bros. from producing any sequels, remakes, or spinoffs related to the show without his or his estate’s permission. This legal protection, established due to Crichton’s prior successes with projects like "Jurassic Park" and "Westworld," is at the heart of the estate's lawsuit.
Sherri Crichton’s spokesperson emphasized that the lawsuit is necessary to protect Michael Crichton's legacy and ensure that contracts are honored. The estate is seeking an injunction to halt the production of "The Pitt," as well as compensatory and punitive damages.
The lawsuit further alleges that Warner Bros. had started developing a reboot of "ER" for HBO’s streaming service Max in 2020 without Sherri Crichton’s knowledge. When she became aware of the project in 2022, she entered negotiations with the studio. However, the studio eventually withdrew its offer, which included a $5 million guarantee for the estate and a “created by” credit for Crichton. Despite the breakdown in talks, Warner Bros. continued with the development of the series, ultimately announcing "The Pitt" in March 2023.
Crichton’s estate argues that "The Pitt" is not just similar to "ER," but a direct continuation of the show, involving the same key personnel and production elements. The lawsuit also claims that Warner Bros. has a history of diminishing Crichton’s contributions, pointing to a 2016 incident where his credit on the "Westworld" series was downgraded from “created by” to “based on,” which they argue is part of a troubling trend.
