A judge has allowed the estate of Michael Crichton to pursue its lawsuit over the Max show “The Pitt,” which the estate argues is an unauthorized reboot of “ER.”
Crichton’s widow, Sherri, sued Warner Bros. in August, alleging that the show bears unmistakable similarities to “ER,” which Crichton created, and that the studio had cut her out of the deal in violation of his contract.
The defendants, who also include producer John Wells and actor Noah Wyle, filed a motion to throw out the lawsuit under California’s anti-SLAPP statute, which offers a mechanism to dismiss frivolous suits that are intended to squelch free speech.
In a ruling issued Monday, Judge Wendy Chang denied the motion, finding that the estate’s lawsuit has enough merit to proceed.
“The Court finds that the evidence submitted by Plaintiffs meet the minimal merit standard to demonstrate at least a prima facie case that ‘The Pitt’ is derived from ‘ER,’” the judge wrote.
A spokeswoman for Sherri Crichton hailed the decision, calling it “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,” the spokesperson said. “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 Crichton Estate looks forward to presenting its case to a jury and is confident it will prevail.”
Warner Bros. has argued that “The Pitt” is an entirely different show, and that Crichton’s contract does not allow his heirs to prevent it from making a TV show set in a hospital. Wells, the executive producer of “The Pitt” and a showrunner on “ER,” argued that the supposed similarities between the shows are common to all medical dramas.
“‘The Pitt’ was not based on ‘ER,’” Wells wrote. “In fact, our goal at (John Wells Productions), while working on the project was to produce an entirely new medical drama — that viewers would see as different from any other medical drama that has been on television to date. Our intent with ‘The Pitt’ is to examine — and contribute to the public discussion on — the challenges facing emergency medical providers in the post-COVID world.”
“The Pitt” debuted on Max in January and has been renewed for a second season.
