‘ER’ creator Michael Crichton’s estate sues Warner Bros. over series they claim is an unauthorized reboot


Michael Crichton’s The estate is suing Warner Bros. Television over an upcoming show they claim is an unauthorized reboot of “ER.”

His widow, Sherri Crichton, who has managed Michael’s estate since he died in 2008, claims in the lawsuit that the studio is producing an unauthorized reboot of “ER.” She says 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 has earned 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 become the pilot episode of the popular medical drama series “ER,” which ran 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 Crichton wrote the screenplay for the first episode of “ER,” which helped launch the careers of many Hollywood stars. (Getty Images / Getty Images)

Michael had already found great success as a writer before creating “ER”, having written the science fiction novel “Jurassic park,” which gave rise to a successful film saga, and the 1973 western film “Westworld”, which he also directed.

Thanks to his success, Michael secured what’s known as a “frozen rights” clause in his contract for the popular show, according to court documents obtained by Fox News Digital.

The provision served two purposes, first to ensure that no “sequels, remakes, spin-offs or other derivative productions of ER” can go forward without his approval or the approval of his estate. The second assured that “Crichton and his heirs would be fairly compensated” for any reboot.

His heirs filed suit Tuesday in Los Angeles Superior Court alleging breach of contract, breach of implied covenant of good faith and fair dealing and international interference with contractual relations, and seeks an injunction halting production of 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 has made the studio billions over the course of their partnership, no creator is safe.”

– Spokesperson for Sherri Crichton

Noah Wyle, best known for playing a doctor on “ER,” will star in “The Pitt.” (NBCU Photo Bank/Getty Images)

According to the lawsuit, Warner Bros. began developing a reboot of “ER” in 2020 without Sherri’s knowledge or consent. Court documents allege that producer John Wells called Sherri in November 2022 informing her that there would be a press release in the media announcing a reboot and “he was giving her a ‘courtesy call'” so she wouldn’t find out the same day as movie. public.

After some negotiation, Sherri was willing to approve the reboot, with the studio agreeing that Michael would be given a “created by” credit, backed by a $5 million guarantee if the credit was not given.

The lawsuit alleges that at one point the studio rescinded the terms of the deal, after which negotiations broke down, which should have also ended production of the reboot. However, in March of this year, Warner Bros. issued a press release announcing the new show “The Pitt,” which the lawsuit calls a “clumsy” way to “disguise” the studio’s intentions to create “something different from a continuation”. of ‘ER.'”

“Sherri Crichton, Michael’s widow and estate custodian who controls these assets for the benefit of Michael’s children, has attempted in good faith to negotiate terms that would allow the show to go 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 in complete disregard of its legal obligations, Crichton and his fans.”

Crichton’s wife, Sherri, gained control of his estate when he died in 2008. (Chad Buchanan/Getty Images/Getty Images)

Warner Bros. responded to the lawsuit, calling the legal move “baseless.”

“The lawsuit brought by the Crichton Estate is baseless, as ‘The Pitt’ is a new and original show. Any suggestion to the contrary is false, and Warner Bros. Television intends to vigorously defend itself against these baseless allegations,” the studio said in a statement. , second Variety.

Similar to “ER,” “The Pitt” will be a medical drama, but instead of being set in Chicago, the new show will be set in Pittsburgh. In addition to the plot similarities, 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. brazenly stole Crichton’s creation and trampled on the contractual protections that Crichton had secured to protect his heirs and legacy when he agreed to sell the ‘ER’ studio,” the statement continues.

“Sixteen years after his death, Warner Bros. is effectively rebooting ‘ER’ and trying to increase the more than $3 billion profit it has already earned since its creation, without giving Crichton credit and without gaining the consensus as they are obligated to do so under Crichton’s law. Changing the name of the show doesn’t change the fact that ‘The Pitt’ – which has exactly the same premise, structure, themes, pace, producers and stars – is ‘ER’ through and through. for everything.

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“The lawsuit brought by the Crichton Estate is baseless, as ‘The Pitt’ is a new and original show. Any suggestion to the contrary is false and Warner Bros. Television intends to vigorously defend itself against these baseless claims.”

-Warner Bros.

The lawsuit claims that the production of “The Pitt” is a “shameful betrayal of the late Michael Crichton.” (Ron Galella, Ltd./Ron Galella Collection via Getty Images/Getty Images)

“The Pitt” will star Noah Wyle, who made a name for himself playing John Carter on “ER.” Behind the scenes, Wells, who served as showrunner on “ER,” will act as executive producer and R. Scott Gemmill, who acted as supervising producer on “ER,” will serve as showrunner. Wyle, Wells and Gemmill are named as defendants in the lawsuit.

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