Michael Crichton Estate Sues for Breach of Contract Over ‘ER’ Sequelaxies

EXCLUSIVE : The widow of Michael Crichton, famed for creating ER, Jurassic Park, Westworld, Twister, and The Andromeda Strain, has filed a significant lawsuit in California State Superior Court today.

Led by Crichton’s widow, Sherri Crichton, on behalf of John Michael Crichton Trust’s Roadrunner JMTC, the suit targets Warner Bros Television, John Wells, Noah Wyle, R. Scott Gemmill, and others for Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and Intentional Interference with Contractual Relations. Representing Crichton is Heston Hennigan LLP, a firm previously involved in Peter Jackson’s lawsuit against Warner Bros over profit participation, which was eventually settled.

The filing alleges that after lengthy negotiations for a new iteration of the billion-dollar hit series ER fell through, WBTV, Wells, Wyle, and Gemmill shifted the concept to a Pittsburgh hospital and named it The Pitt. This new show, secured with a straight-to-series 15-episode order, is set to air on the Warner Bros Discovery streamer Max.

The suit claims it was both audacious and illegal for WBTV, Wells, Wyle, and Gemmill to engage in extensive negotiations with the estate for an ER sequel, only to launch a similar show shortly after discussions broke down. Despite differences such as location, character names, and the exclusion of the Crichton estate, the essence of the medical drama remains remarkably similar to ER.

Deadline has obtained a pilot script for The Pitt, which bears striking similarities to ER. Both shows follow overworked doctors in an underfunded urban hospital, delving into their personal lives amidst patient crises. The original ER was inspired by Crichton’s experiences as a medical intern in an urban emergency room during his time at Harvard Medical School.

Wyle, known for his portrayal of Dr. Carter on ER, stars in The Pitt as Dr. Michael Robinavich—a seasoned ER doctor who has seen it all.

The suit reveals bad blood towards Wells, who is accused of betraying a 30-year friendship with Crichton. It also criticizes Warner Bros. Television for largely erasing Crichton’s name from the HBO series Westworld. Although the title and concept of Westworld were based on Crichton’s 1973 film, he was relegated to a “based on” credit at the end of episodes, despite the series’ expansion on his original ideas.

When ER debuted in 1994 along with Friends, it rapidly became a massive hit for NBC, running for 15 years in the prime 10 PM Thursday slot and earning a total gross of $3.2 billion, according to the lawsuit. The conceptual blend of medical chaos and the turbulent personal lives of doctors has been echoed in other shows like Grey’s Anatomy. The plaintiffs argue there’s a significant distinction in this case due to Crichton’s meticulous protections for his intellectual property.

Crichton had a “frozen rights” provision in place to ensure future productions met his high standards and that he and his heirs would be fairly compensated. This provision included blocking rights shared with Steven Spielberg, which were transferred to Crichton’s heirs upon his death.

The lawsuit states that the frozen rights provision prohibits WBTV from proceeding with any sequels, remakes, spinoffs, or derivative productions based on ER without Crichton’s explicit consent, ensuring appropriate credit and compensation for Crichton and his heirs.

Following Crichton’s death in 2008, WBTV is accused of repeatedly neglecting to honor these promises, seeking instead to further profit from Crichton’s creations without paying his heirs.

The suit argues, “The Pitt is ER. It’s not like ER, it’s not kind of ER, it is ER complete with the same executive producer, writer, star, production companies, studio, and network as the planned ER reboot.”

There is no dispute that WBTV, Wells, and Wyle attempted to create an ER sequel series. Wyle himself discussed it on a podcast, acknowledging that they couldn’t reach an agreement with the Crichton estate, leading them to develop The Pitt instead.

Conversations for the ER sequel began in November 2022, initiated by a “courtesy call” from Wells to Sherri Crichton about an impending press release. Talks with WBTV soon foundered, particularly over the “created by” credit for the late Crichton. The studio then toughened its stance.

Per the lawsuit, WBTV began backing away from recognizing Crichton’s frozen rights, even attributing ER‘s success to Wells’ efforts, downplaying Crichton’s influence. This pattern of behavior extended to minimizing Crichton’s contributions to Westworld.

Back-channel negotiations continued but collapsed when WBTV refused to ensure the “Created By” credit for Crichton. Shortly thereafter, the press release for The Pitt was issued.

Emails included in the suit reveal Wells and Wyle disapproved of WBTV’s actions. Wells described Michael’s omission from Westworld as “despicable” and “stupid,” emphasizing Crichton’s legacy and fanbase. He assured Sherri Crichton that he had intended to honor Michael’s contributions.

Sherri Crichton responded, expressing her disappointment with Warner Bros and the disrespect shown to Michael’s legacy. She highlighted the inequities in the negotiations and the studio’s failure to recognize Crichton’s contributions fairly.

Despite attempts to reach a fair agreement, talks fell apart, and the press release for The Pitt surfaced soon after.

Source: Deadline