‘ER’ creator Michael Crichton’s estate sues Warner Bros. over upcoming hospital drama ‘The Pitt’
Aug. 27, 2024, 10:03 p.m.
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LOS ANGELES -- The estate of Michael Crichton , who wrote the screenplay for what became the pilot episode of “ER,” has sued Warner Bros. Television over a dispute about an upcoming medical drama it says is a rebranded version of an unauthorized reboot.
After Crichton’s estate, led by his widow, Sherri , was unable to reach an accord with the television studio to produce a revival of the acclaimed medical procedural, the lawsuit alleges Warner Bros. moved forward to develop and produce a series based on the same core concept without authorization.
The upcoming series, titled “The Pitt,” will be a medical drama situated in Pittsburgh, as opposed to “ER’s” Chicago setting, and will feature Noah Wyle in a leading role. Wyle is best known for portraying John Carter on “ER” in over 250 episodes.
“The Pitt” is also slated to include several “ER” alumni behind the scenes, including John Wells as the executive producer and R. Scott Gemmill as the showrunner. Wyle, Wells and Gemmill are each named as defendants in the lawsuit.
Crichton's success with projects like “Jurassic Park” and “Westworld” prior to the creation of “ER” earned him a coveted “frozen rights” clause in his contract for the series. This clause prevents Warner Bros. from creating any sequels, remakes, spinoffs, or other productions based on “ER” without Crichton's approval, or his estate's approval after his passing in 2008.
“If Warner Bros. can treat Michael Crichton, one of the industry's most successful and prolific creators who generated billions for the studio during their partnership, this way, no creator is safe,” a spokesperson for Sherri Crichton said in a statement to The Associated Press. “While legal action is not our preferred approach, contracts need to be upheld, and Michael Crichton's legacy must be protected.”
The estate, which filed the lawsuit on Tuesday in Los Angeles Superior Court, is requesting a court order to halt production on the new series. They are also seeking financial compensation for damages.
Warner Bros. began developing a reboot of “ER” for HBO's streaming service, Max, in 2020 without Sherri's knowledge, according to the lawsuit.
In 2022, when Sherri Crichton learned about the project in development, she and the estate negotiated with the studio. She says she was promised that Crichton would receive a “created by” credit, along with a $5 million guarantee for the estate if the credit was not given. Ultimately, the credit was removed, and negotiations ended, which the lawsuit states should have stopped all development of the series.
Development continued, and “The Pitt” was announced in March. A release date has not yet been disclosed.
“The Pitt is a direct replica of ER. It’s not a loose adaptation of ER, it’s not inspired by ER, it’s not similar to ER. It is a faithful recreation of ER, featuring the same executive producer, writer, star, production companies, studio, and network as the planned ER revival,” attorneys representing Crichton’s estate stated in the lawsuit.
The lawsuit further claims that Warner Bros. previously attempted to “remove” Crichton from projects based on his work by lessening his credit in the 2016 series adapted from his movie, “Westworld,” from “created by” to “based on,” which they argue marked the beginning of “a troubling pattern.”
Warner Bros. Television has not yet commented on the lawsuit.