Michael Crichton ‘s widow filed a lawsuit Tuesday alleging that the upcoming Max series “ The Pitt ,” starring Noah Wyle , is an unauthorized reboot of “ER.”

The suit accuses producer John Wells of a “personal betrayal,” claiming that he and Wyle turned to “The Pitt” after the Crichton estate thwarted their plans for an “ER” reboot and subsequent negotiations faltered. Both shows are set in hospitals, with “ER” taking place in Chicago and “The Pitt” set in Pittsburgh.

“‘The Pitt’ is ‘ER,'” the lawsuit states . “It’s not like ‘ER.’ It’s not kind of ‘ER.’ It’s not sort of ‘ER.’ It is ‘ER’ with the exact same executive producer, writer, star, production companies, studio and network as the planned ‘ER’ reboot.”

The pilot episode of “ER” was adapted from a script Crichton wrote in 1974, which was based on his personal experiences as a medical student. He was credited as a creator of the show, which ran for 15 seasons on NBC. Crichton passed away in 2008.

Wells, the long-time showrunner of “ER,” initiated the development of a reboot for Max in 2020, according to the complaint. R. Scott Gemmill, a former executive producer for several later seasons of “ER,” was brought on as the showrunner for the new series.

Crichton’s widow, Sherri, claims that in November 2022, Wells informed her that Warner Bros. was about to announce the reboot. According to the suit, Warner Bros. acknowledged Crichton's contribution to the original series but declined to negotiate over the actual credit.

Crichton's estate asserted its "frozen rights" to authorize any remakes of the series in response to the proposed reboot. During subsequent discussions, Sherri Crichton alleges that she was promised either a "created by" credit for the estate or a $5 million guarantee. However, these conditions were ultimately revoked, leading to the breakdown of negotiations, according to the lawsuit.

She claims that Wells, Wyle, and Warner Bros. then proceeded to create the same show under a different name, excluding the Crichton estate from the deal.

“Rather than acknowledge Crichton’s rightful ‘created by’ credit, Defendants are attempting to present their reboot as an entirely original concept, unjustly enriching themselves by potentially millions, even hundreds of millions or billions of dollars, and depriving Crichton’s heirs of their rightful share,” the lawsuit claims.

“The Pitt” was unveiled in March and is slated to premiere on Max sometime next year. The lawsuit alleges that Wyle is essentially reprising his role as Dr. John Carter from “ER,” albeit with a different name.

The suit argues that there are numerous striking similarities between the two shows, including their setting, pacing, overall structure, character traits, and underlying themes.

“If Warner Bros. can disregard Michael Crichton's rights, one of the industry’s most successful and prolific creators who brought the studio significant profits throughout their partnership, no creative talent is safe,” a spokesperson for Sherri Crichton stated. “While litigation is not our preferred course of action, contracts must be honored, and Michael Crichton’s legacy must be upheld.”

The lawsuit seeks a court order to prevent Warner Bros. from violating Crichton’s contract, and demands financial compensation for damages caused.

Warner Bros. has yet to respond. Sherri Crichton, the guardian of the family trust established for the author’s two children, is represented by Robert Klieger of Hueston Hennigan LLP. The trust is responsible for safeguarding the author's legacy and interests.