Michael Crichton’s estate is suing Warner Bros. Television over an upcoming show they claim is an unauthorized reboot of “ER.”
His widow, Sherri Crichton, who has been running Michael’s estate since he died in 2008, alleges in the lawsuit that the studio is producing an unauthorized reboot of “ER.” She claims the new show, “The Pitt,” will feature the same premise as the original, but will air under a different title.
“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,” a spokesperson for Sherri said in a statement to Fox News Digital. “While litigation is never the preferred course of action, contracts must be enforced, and Michael Crichton’s legacy must be protected.”
The late author and screenwriter wrote the screenplay for what would eventually become the pilot episode of the popular medical drama series “ER,” which aired on NBC for 15 seasons from 1994 to 2009. Its popularity helped launch the careers of many Hollywood stars, including George Clooney and Julianna Margulies.
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Michael had already found major success as a writer prior to creating “ER,” having written the science-fiction novel “Jurassic Park,” which spawned a successful film franchise, and the 1973 Western film “Westworld,” which he also directed.
Due to his success, Michael secured what is known as the “frozen rights” provision in his contract for the popular show, according to court documents obtained by Fox News Digital.
The provision had two purposes, the first ensuring that no “sequels, remakes, spinoffs, or other productions derived from ‘ER'” can move forward without his approval or the approval of his estate. The second ensured both “Crichton and his heirs would be fairly compensated” for any reboot.
His estate filed the lawsuit Tuesday in Los Angeles Superior Court for breach of contract, breach of implied covenant of good faith and fair dealing and international interference with contractual relations, and is asking for an injunction which would stop production on the project. They are also seeking punitive and compensatory damages.
“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.”
According to the lawsuit, Warner Bros. began developing an “ER” reboot in 2020 without Sherri’s knowledge or consent. Court documents allege producer John Wells called Sherri in November 2022 letting her know a press release was coming out in the media announcing a reboot and “he was giving her a ‘courtesy call’” so she wouldn’t find out the same day as the public.
After some negotiations, Sherri was willing to approve the reboot, with the studio agreeing that Michael would be given a “created by” credit, backed by a guarantee of $5 million if the credit was not given.
The lawsuit claims that at some point the studio revoked the terms of the agreement, after which negotiations stopped, which should have also ended production on the reboot. However, in March of this year, Warner Bros. issued a press release announcing the new show “The Pitt,” which the lawsuit refers to as a “clumsy” way to “disguise” the studio’s intentions of creating “anything other than a continuation of ‘ER.'”
“Sherri Crichton, Michael’s widow and the guardian of the estate that controls these assets for the benefit of Michael’s children, tried in good faith to negotiate terms that would enable the show to move forward while protecting Michael’s legacy and contractual rights,” a spokesperson for Sherri said in a statement to Fox News Digital. “Unfortunately, Warner Bros. responded with bullying tactics and complete disregard for its legal obligations, Crichton, and his fans.”
Warner Bros. responded to the lawsuit, calling the legal move “baseless.”
“The lawsuit filed by the Crichton Estate is baseless, as ‘The Pitt’ is a new and original show. Any suggestion otherwise is false, and Warner Bros. Television intends to vigorously defend against these meritless claims,” the studio said in a statement, according to Variety.
Similar to “ER,” “The Pitt” will be a medical drama, but rather than taking place in Chicago, the new show will be set in Pittsburgh. In addition to similarities in its plot, the new show will also feature familiar faces both on screen and behind the camera.
“In a shameful betrayal of the late Michael Crichton, Warner Bros. has brazenly stolen Crichton’s creation and trampled upon the contractual protections Crichton secured to protect his heirs and his legacy when he agreed to sell the studio ‘ER,’” the statement continued.
“Sixteen years after his death, Warner Bros. is effectively rebooting ‘ER,’ and seeking to boost the more than $3 billion profit it has already earned from his creation, without crediting Crichton and without obtaining consent as they are obligated to do under Crichton’s contract. Changing the show’s name does not change the fact that ‘The Pitt’ — which has exactly the same premise, structure, themes, pace, producers, and star — is ‘ER’ through and through.”
“The lawsuit filed by the Crichton Estate is baseless, as ‘The Pitt’ is a new and original show. Any suggestion otherwise is false, and Warner Bros. Television intends to vigorously defend against these meritless claims.”
“The Pitt” is set to star Noah Wyle, who made a name for himself playing John Carter on “ER.” Behind the scenes, Wells, who was a showrunner on “ER,” will be acting as executive producer and R. Scott Gemmill, who acted as a supervising producer on “ER,” will be the showrunner. Wyle, Wells and Gemmill are named as defendants in the lawsuit.
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