Michael Crichton Estate Sues WBTV, John Wells, Noah Wyle Over Axed ‘ER’ Reboot That Became Max Show ‘The Pitt’

The estate of Michael Crichton, the late author and screenwriter behind “Jurassic Park” and “ER,” is suing Warner Bros. Television as well as John Wells, Noah Wyle, R. Scott Gemmill and others over breach of contract, TheWrap has learned. The lawsuit revolves around a new version of “ER.”

The lawsuit alleges that after a lengthy years-long negotiation to make a reboot of “ER” that ultimately fell through, WBTV, Wells, Wyle and Gemmill took the concept and reworked it to become “The Pitt,” a drama that follows frontline heroes working in a Pittsburgh hospital. The 15-episode Season 1 was given a straight-to-series order in March of this year and is set to air on the streaming service Max. Gemmill, who previously worked on “ER,” is set to be the showrunner of “The Pitt,” which comes from John Wells Productions and Warner Bros. Television. Wyle will star in and executive produce the series.

Specifically, the estate accuses those named of Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing and Intentional Interference With Contractual Relations. The suit alleges there are only three major differences between the series was that in negotiation and “The Pitt”: the location of the hospital, Wyle’s character name and the estate’s involvement.

This lawsuit is contingent on the “frozen rights” provision Crichton insisted upon when developing “ER” with WBTV. Under this provision, WBTV is prohibited with moving forward with “any sequels, remakes, spinoffs or other productions derived from ‘ER’ without Crichton’s express consent.” The lawsuit alleges WBTV, Wells, Wyle and Gemmill bypassed that clause by taking what was imagined as an “ER” remake and turning it into “The Pitt.”

The lawsuit also points to the HBO series “Westworld,” which was based on the 1973 movie written and directed by Crichton. Instead of getting a “created by” credit, the series gave Crichton a “based on” credit. The suit claims that this started a pattern with WBTV when it comes to Crichton’s work.

“In a shameful betrayal of the late Michael Crichton, Warner Bros. has brazenly stolen Crichton’s creation and trampled upon the contractual protections Crichton secured to protect his heirs and his legacy when he agreed to sell the studio ‘ER,'” a spokesperson for Sherri Crichton, wife of the late Michael Crichton and guardian of the estate, said in a statement. “Sixteen years after his death, Warner Bros. is effectively rebooting ‘ER,’ and seeking to boost the more than $3 billion profit it has already earned from his creation, without crediting Crichton and without obtaining consent as they are obligated to do under Crichton’s contract. Changing the show’s name does not change the fact that ‘The Pitt’ – which has exactly the same premise, structure, themes, pace, producers and star – is ‘ER’ through and through.”

The spokesperson went on to say that Sherri Crichton, as the guardian of the estate, tried to negotiate in “good faith” in a way that would protect Crichton’s legacy and contractual rights.

“Unfortunately, Warner Bros. responded with bullying tactics and complete disregard for its legal obligations, Crichton, and his fans,” the spokesperson continued. “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. While litigation is never the preferred course of action, contracts must be enforced, and Michael Crichton’s legacy must be protected.”

Warner Bros. Television declined comment on this story.

Based on his own experiences as a medical student, Crichton wrote the screenplay that would become “ER” in 1974. The medical drama later premiered on NBC in 1994 and ran for 15 seasons and a total of 331 episodes. The series is second longest-running primetime medical drama in TV history after the currently running “Grey’s Anatomy.” The NBC staple sparked the careers of George Clooney and Julianna Margulies. It also won 23 of the 124 Emmys it was nominated for over the course of its run.

Deadline was the first to report this story.

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