Michael Crichton’s Estate Takes Legal Action Against Warner Bros. Over Controversial New Series ‘The Pitt’

LOS ANGELES (AP) — The estate of Michael Crichton, known for writing the screenplay that became the pilot of the hit show “ER,” has filed a lawsuit against Warner Bros. Television. They claim that the studio is creating a new medical drama that is essentially a rebranded version of a project they sought to develop without permission.

According to the lawsuit, led by Sherri Crichton, Michael Crichton’s widow, the estate was unable to reach an agreement with Warner Bros. to create a reboot of “ER.” Following this, the studio reportedly started working on a series with a similar theme without getting the necessary consent.

The new series, titled “The Pitt,” will take place in Pittsburgh instead of Chicago, where “ER” was set. It will also see Noah Wyle, who famously portrayed John Carter on “ER” across more than 250 episodes, taking on a leading role once again.

Notably, “The Pitt” will involve some familiar faces from “ER” behind the scenes. John Wells will serve as executive producer, and R. Scott Gemmill will act as the showrunner, making them part of the lawsuit alongside Wyle.

In response, Warner Bros. has stated, “The lawsuit filed by the Crichton Estate is without merit, as ‘The Pitt’ is an entirely original series. Any claims to the contrary are false, and we intend to defend ourselves vigorously against these unfounded accusations.”

Crichton, who achieved great success with works like “Jurassic Park” and “Westworld” prior to the creation of “ER,” secured a unique provision in his contract known as a “frozen rights” clause. This clause prohibits Warner Bros. from making any sequels, remakes, or spinoffs related to “ER” without either Crichton’s consent or that of his estate after he passed away from cancer in 2008.

Sherri Crichton commented, “If Warner Bros. can treat Michael Crichton, one of the industry’s most brilliant creators who brought the studio significant profits, in this manner, it leaves no creator feeling secure.” She emphasized that although lawsuits are not the ideal solution, it is crucial to uphold contracts and protect Crichton’s legacy.

The estate filed its lawsuit on Tuesday in Los Angeles Superior Court, seeking an injunction to halt the production of “The Pitt” along with punitive and compensatory damages.

The lawsuit claims that Warner Bros. began developing their version of “ER” for HBO’s streaming service, Max, in 2020, without informing Sherri Crichton. When she became aware of the project in 2022, she entered into negotiations with the studio, during which she asserted they promised her a “created by” credit for Crichton, along with a $5 million guarantee if they failed to provide this credit. This promise was later revoked, leading to a cessation of negotiations, according to the lawsuit.

Despite this, “The Pitt” was officially announced in March, but a release date has not yet been revealed.

The Crichton estate’s legal team argued in their lawsuit that “The Pitt” is essentially “ER” — not just similar, but fundamentally the same show, featuring the same executive producer, writers, lead actors, production companies, studio, and network involved in the planned “ER” reboot.

Additionally, the lawsuit claims that Warner Bros. previously attempted to diminish Crichton’s contributions by lowering his credit from “created by” to “based on” in the 2016 series adapted from his film “Westworld,” indicating a troubling trend.