Michael Crichton estate sues Warner Bros., claims new show 'The Pitt' is an 'ER' ripoff

Warner Bros. Television has been hit with a lawsuit that claims its upcoming medical drama "The Pitt" is essentially an unofficial "ER" reboot.

The estate of late author Michael Crichton, who created the medical drama series "ER," has filed a lawsuit against Warner Bros. Television in California, according to a copy of the complaint provided to USA TODAY. The suit alleges the studio attempted to negotiate with Crichton's estate to develop a reboot of "ER" but that when these talks were unsuccessful, producers "simply moved the show from Chicago to Pittsburgh, rebranded it 'The Pitt,'" and "plowed ahead without any attribution or compensation for Crichton and his heirs."

The lawsuit alleges breach of contract and also names Noah Wyle, who is set to star in "The Pitt," and producers John Wells and R. Scott Gemmill as defendants.

In a statement provided to USA TODAY, Warner Bros. Television described the lawsuit as "baseless," saying that "The Pitt" is a "new and original show" and that "any suggestion otherwise is false, and Warner Bros. Television intends to vigorously defend against these meritless claims."

The complaint states that when Crichton sold Warner Bros. the screenplay for the pilot episode of "ER," the studio agreed that no productions derived from the show would go forward without his consent. This provision "ensured that Crichton would receive appropriate credit, and that he and his heirs would receive compensation commensurate with the ultimate success of 'ER,' in connection with any future productions," the suit said.

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According to the lawsuit, the defendants began developing a reboot of "ER" in 2020 that would air on HBO Max, which has since been renamed Max. During subsequent negotiations, Warner Bros. Television allegedly "reneged" on certain terms, leading the estate to refuse to proceed. In lieu of an actual "ER" reboot, the suit alleges that Warner Bros. then began developing "precisely the same series" under a different title.

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In March, Max gave a straight-to-series order to "The Pitt," a medical drama series described as a "realistic examination of the challenges facing healthcare workers in today's America as seen through the lens of the frontline heroes working in a modern-day hospital in Pittsburgh." "ER" was set at a hospital in Chicago. "The Pitt" will star Wyle and be produced by R. Scott Gemmill and John Wells, all of whom worked on "ER."

"'The Pitt' is 'ER,'" the suit alleges. "It's not like 'ER,' it's not kind of 'ER,' it's not sort of 'ER.' It is 'ER' complete with the same executive producer, writer, star, production companies, studio, and network as the planned 'ER' reboot."

The lawsuit also alleges that this was part of an attempt to deny Crichton a "created by" credit and profit from his creation "without paying his heirs a single penny," claiming, "Defendants seek not to bury Crichton's credit but to erase him altogether and to rob his heirs of the fruits of one of his greatest creations."

In a statement provided to USA TODAY, a spokesperson for Sherri Crichton, the author's widow and guardian of the estate, accused Warner Bros. of "bullying tactics and complete disregard for its legal obligations, Crichton, and his fans," adding, "If Warner Bros. can do this to Michael Crichton, one of the industry's most successful and prolific creators who made the studio billions over the course of their partnership, no creator is safe."

"ER" ran on NBC from 1994 to 2009 and was based on a 1974 screenplay written by Crichton titled "Emergency Ward." The author, who was credited as the creator of "ER," died from cancer in 2008 at age 66. More than a decade later, James Patterson finished a manuscript by Crichton, which was published as the novel "Eruption" earlier this year.