Michael Crichton’s Estate Can Move Ahead with Lawsuit over ‘The Pitt,’ Judge Rules
Michael Crichton’s estate has overcome a challenge and can move ahead with its lawsuit alleging the Max medical drama The Pitt is derivative of Crichton’s 1990s TV hit ER, a Los Angeles judge has ruled.
The lawsuit was first filed in August by Crichton’s widow, Sherri Crichton, against defendants Warner Bros., producer John Wells and actor Noah Wyle. It alleges that when Crichton sold Warner Bros. the screenplay for what became the pilot episode of ER, Warner Bros. promised that no subsequent productions derived from ER would go forward without Crichton’s consent. It claims that after negotiating unsuccessfully with Crichton’s estate for nearly a year for the right to reboot ER, Warner Bros. “simply moved the show from Chicago to Pittsburgh, rebranded it The Pitt, and has plowed ahead without any attribution or compensation for Crichton and his heirs.”
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“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, finding that the Crichton Estate’s claim has merit and should proceed.” a spokesperson for Sherri Crichton said in a statement.
“Sherri Crichton was thrilled that the original team behind ER wanted to do a reboot and was shocked when Warner Bros. abruptly broke off negotiations and announced The Pitt – a carbon copy of the ER reboot that was pitched to her,” the rep added. “The Crichton Estate looks forward to presenting its case to a jury and is confident it will prevail.”
Warner Bros., Wells, and Wyle have denied the allegations and sought to dismiss the case on the basis that it was frivolous and an attempt to violate their rights to free speech. In a ruling issued Monday, Los Angeles County Superior Court Judge Wendy Chang said that the lawsuit met the “minimal merit standard” to proceed.
“The judge has not decided any of the claims in this case. She simply ruled that the case will proceed. We continue to believe in the strength of our position and that we will ultimately prevail,” a spokesperson for Warner Bros. said in a statement sent to Rolling Stone.
Wyle, who starred in ER alongside Anthony Edwards, George Clooney and Julianna Margulies, plays the lead character in The Pitt. The new show’s producer, Wells, was the original ER showrunner.
In a sworn statement, Wyle denied the new show is an unauthorized reboot of the Crichton hit. “I do not see how The Pitt could be deemed derivative of ER because they are two entirely different shows. The Pitt is a new medical drama I developed with John Wells and R. Scott Gemmill. The Pitt is not in any way related to ER, he said.
“ER and The Pitt do not have any of the same characters. Dr. Carter from ER was a blue blood, wealthy, and highly educated doctor. He came from a waspy background. Dr. Robinavitch comes from a blue-collar background, he is Jewish, did his residency in New Orleans, and is recovering from PTSD,” Wyle said.
The case has its next hearing set for March 26. The Pitt, which debuted in January, already has been renewed for another season.
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