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Michael Crichton’s estate sues Warner Bros. over new drama ‘The Pitt’

FILE – Author Michael Crichton poses for a portrait at The Peninsula Hotel in New York on Dec. 7, 2004. (AP Photo/Jim Cooper, File)

LOS ANGELES (AP) — The estate of Michael Crichton, the celebrated author and screenwriter behind the pilot episode of “ER,” has filed a lawsuit against Warner Bros. Television. The estate claims that the studio is developing a rebranded version of the iconic medical drama without proper authorization.

According to the lawsuit, Warner Bros. initiated discussions with Crichton’s estate, led by his widow, Sherri Crichton, to produce a reboot of “ER.” These negotiations, however, ended without an agreement. Despite this, Warner Bros. has allegedly moved forward with a new series, “The Pitt,” which the lawsuit contends is a repurposed version of the original show.

“The Pitt” is set in Pittsburgh rather than Chicago, where “ER” was based, and stars Noah Wyle, who portrayed John Carter in over 250 episodes of the original series. The lawsuit also points out that several former “ER” team members are involved in “The Pitt,” including John Wells as executive producer and R. Scott Gemmill as showrunner. Wyle, Wells, and Gemmill are named defendants in the lawsuit.

Michael Crichton, renowned for his successes with “Jurassic Park” and “Westworld,” had a “frozen rights” provision in his original “ER” contract. This clause prevents Warner Bros. from creating any sequels, remakes, or other works derived from “ER” without his consent, or his estate’s approval following his passing in 2008.

“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,” said a spokesperson for Sherri Crichton. “While litigation is never the preferred course of action, contracts must be enforced, and Michael Crichton’s legacy must be protected.”

The lawsuit, filed Tuesday in Los Angeles Superior Court, seeks an injunction to halt production of the new series. The estate is also asking for punitive and compensatory damages.

The suit claims Warner Bros. began developing an “ER” reboot for HBO Max in 2020 without informing Sherri Crichton. In 2022, after Sherri discovered the project, she entered negotiations with the studio. She was allegedly promised that Crichton would receive a “created by” credit, along with a $5 million guarantee if the credit wasn’t given. Yet, when this term was revoked, negotiations ceased, which should have halted the development of the series, according to the lawsuit.

Development nonetheless continued, and “The Pitt” was announced in March. A release date has not yet been disclosed.

“The Pitt is ER. 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 estate’s lawyers argue in the lawsuit.

The lawsuit also mentions that Warner Bros. had previously attempted to “erase” Crichton from derivative works. It alleges that his credit for the 2016 series based on his movie “Westworld” was downgraded from “created by” to “based on,” initiating what the estate calls “a disturbing pattern.”

Warner Bros. Television has yet to comment on the lawsuit.

Source: AP News