Michael Crichton’s widow filed a lawsuit Tuesday, alleging that Max’s upcoming series “The Pitt,” starring Noah Wyle, is an unauthorized reboot of “ER.”
The suit accuses producer John Wells of “personal betrayal,” saying he and Wyle turned to “The Pitt” after Crichton’s estate blocked their plans to reboot “ER,” and subsequent negotiations fell through. Both shows are hospital dramas, with “ER” set in Chicago and “The Pitt” set in Pittsburgh.
“The Pitt is an ER television series,” the complaint reads. “It’s not like ER. It’s not a kind of ER. It’s not a kind of ER. It’s an ER television series with the exact same executive producer, writer, star, production companies, studio and network as the planned reboot of the series.”
The pilot episode of “ER” was adapted from a screenplay Crichton wrote in 1974, based on his own experiences as a medical student. He was credited as the creator of the series, which ran for 15 seasons on NBC. Crichton died in 2008.
Wells, the longtime ER showrunner, began developing a Max reboot in 2020, according to the complaint. R. Scott Gemmill, who produced many subsequent seasons of ER, was hired as showrunner for the new series.
Crichton’s widow, Sherri, claims that in November 2022, Wells made a “courtesy call” to let her know that Warner Bros. would soon announce the reboot. According to the complaint, Warner Bros. offered to honor Crichton’s contribution to the original series, but declined to enter into negotiations over actual credit.
She responded by claiming that the Crichton estate’s “frozen rights” allowed her to approve any reboot of the series. In subsequent negotiations, she said she was promised either Crichton would get a “created by” credit or the estate would get a $5 million guarantee. However, those conditions were eventually withdrawn and negotiations fell through, according to the complaint.
She alleges that Wells, Wyle and Warner Bros. then proceeded to create the same show under a new name, effectively excluding Crichton’s estate from the deal.
“Rather than giving Crichton the “created by” credit he deserved, the defendants would claim that their reboot was not his creation at all, thereby enriching themselves to the tune of millions of dollars – potentially
hundreds of millions or billions of dollars in success — and deprive Crichton’s heirs of their
“a legitimate share,” the lawsuit alleges.
“The Pitt” was announced in March and is set to debut in Max next year. The complaint alleges that Wyle is actually reprising his role as Dr. John Carter in “ER,” but with a different name.
The lawsuit argues that there are numerous other similarities between the two series, including setting, pacing, structure, character traits and themes.
“If Warner Bros. can do this to Michael Crichton, one of the most successful and prolific creators in the industry who has made the studio billions over the course of their partnership, no creator is safe,” a spokesperson for Sherri Crichton said in a statement. “While litigation is never the preferred route, contracts must be honored and Michael Crichton’s legacy must be protected.”
The complaint seeks an injunction to prevent Warner Bros. from breaching Crichton’s contract, as well as punitive and compensatory damages.
Warner Bros. has not yet responded to the request. Sherri Crichton is the guardian of the family trust set up for the benefit of the author’s two children. The trust is represented by Robert Klieger of Hueston Hennigan LLP.
