A legal battle involving Warner Bros. Television and the estate of Michael Crichton, the renowned creator of the original ER medical drama, has gained momentum. The estate claims that Warner Bros. Television's new series, The Pitt, infringes upon the rights and contracts associated with the iconic medical series.
In a recent ruling issued by Los Angeles Superior Court Judge Wendy Chang, Warner Bros. Television's attempts to dismiss the lawsuit on free speech grounds were denied. The judge determined that there was sufficient evidence suggesting that The Pitt could be derived from ER, citing a "timeline of various communications and events." This decision allows the lawsuit to move forward, as the court found potential interference with the estate's contractual rights and possible copyright infringement.
Last year, Max commissioned a 15-episode, straight-to-series order for The Pitt, featuring Noah Wyle and developed by ER veterans John Wells and R. Scott Gemmill. The lawsuit alleges that the series is an unauthorized repackaging of an ER revival, following unsuccessful negotiations to credit Michael Crichton as the original creator. The complaint accuses Warner Bros. Discovery’s TV arm and former ER contributors of bypassing Crichton’s rights to the franchise.
In response to the allegations, Warner Bros. Television issued a statement denying any wrongdoing, describing The Pitt as a “new and original show.” The studio sought to dismiss the lawsuit under a statute designed to protect free speech from being chilled by legal disputes. However, the court found the plaintiffs' claims to have merit, pointing to failed negotiations over an ER reboot and subsequent creation of The Pitt.
Evidence presented in the case includes a 2022 offer letter from Warner Bros. Television for the resumption of the ER series. Michael Crichton's estate enforced a "frozen rights" provision in his contract, which prohibits any productions derived from ER without consent. This led to an agreement where John Wells would credit Crichton as the creator, backed by a $5 million guarantee from Wells and his production company. However, Warner Bros. allegedly reneged on this agreement, proposing less favorable financial terms for the estate.
Sherri Crichton, Michael Crichton's widow, expressed optimism about the court's decision, stating, "This is an important win for Michael Crichton and the entire creative community. The Court has rejected Warner Bros.’ attempt to avoid responsibility for breaching its contract with Michael Crichton." She looks forward to presenting the case to a jury, confident in a favorable outcome.
