The estate of Michael Crichton, the author of the screenplay for the pilot episode of “ER,” has filed a lawsuit against Warner Bros. Television over a dispute regarding an upcoming medical drama that it claims is an unauthorized reboot. The lawsuit alleges that after failing to reach an agreement with the studio to produce a reboot of “ER,” Warner Bros. proceeded to develop a series based on the same premise without consent. The upcoming series, titled “The Pitt,” will be a medical drama set in Pittsburgh and will feature Noah Wyle in a starring role, along with several “ER” alums behind the scenes.
The lawsuit filed by the Crichton Estate claims that “The Pitt” is a rebranded version of an unauthorized reboot of “ER,” and that Warner Bros. has violated the “frozen rights” provision in Crichton’s contract for the series. This provision prohibits Warner Bros. from proceeding with any sequels, remakes, spinoffs, or other productions derived from “ER” without Crichton’s consent, or his estate’s consent after his death in 2008. The estate is seeking an injunction to force the studio to stop production on the new series, as well as punitive and compensatory damages to protect Crichton’s legacy.
According to the lawsuit, Warner Bros. began developing a reboot of “ER” for HBO’s streaming service, Max, in 2020 without Sherri Crichton’s knowledge. When Sherri was informed of the project in 2022, negotiations were initiated with the studio, during which she was promised that Crichton would receive a “created by” credit and a $5 million guarantee for the estate if the credit was not given. Ultimately, the terms were revoked, and negotiations ceased, however, development on the series continued, leading to the announcement of “The Pitt” in March.
Lawyers representing Crichton’s estate assert that “The Pitt” is essentially “ER,” complete with the same executive producer, writer, star, production companies, studio, and network as the planned “ER” reboot. The lawsuit also accuses Warner Bros. of previously trying to diminish Crichton’s credit in derivatives of his work, citing an instance in which his credit for the series based on his movie, “Westworld,” was downgraded from “created by” to “based on,” starting a pattern of erasing Crichton from derivative works. The estate is adamant that contracts must be enforced, and Crichton’s legacy must be protected.
Warner Bros. has denied the allegations in the lawsuit, calling them baseless and stating that “The Pitt” is a new and original show. The studio intends to vigorously defend against the claims made by the Crichton Estate. The lawsuit, which was filed in Los Angeles Superior Court, seeks to halt production on “The Pitt” and seeks punitive and compensatory damages for the estate. The outcome of the legal battle between the Crichton Estate and Warner Bros. could have implications for future disputes involving intellectual property rights and legacy protection in the entertainment industry.
