Michael Crichton’s Widow Sues Max, Says Noah Wyle Show ‘The Pitt’ Is Unauthorized ‘ER’ Reboot

Michael Crichton’s widow filed a lawsuit Tuesday alleging that the upcoming Max series “The Pitt,” starring Noah Wyle, is an unauthorized reboot of “ER.”

The suit accuses producer John Wells of a “personal betrayal,” claiming that he and Wyle turned to “The Pitt” after the Crichton estate blocked their plans to reboot “ER,” and subsequent negotiations collapsed. Both are hospital shows, with “ER” set in Chicago and “The Pitt” set in Pittsburgh.

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“‘The Pitt’ is ‘ER,’” the lawsuit states. “It’s not like ‘ER.’ It’s not kind of ‘ER.’ It’s not sort of ‘ER.’ It is ‘ER’ with the exact same executive producer, writer, star, production companies, studio and network as the planned ‘ER’ reboot.”

The pilot episode of “ER” was adapted from a script Crichton wrote in 1974, which was based on his own experiences as a medical student. He was credited as a creator of the show, which ran for 15 seasons on NBC. Crichton died in 2008.

Wells, the longtime “ER” showrunner, began developing a reboot for Max in 2020, according to the complaint. R. Scott Gemmill, who executive produced many of the later seasons of “ER,” was brought on board as the showrunner of the new series.

Crichton’s widow, Sherri, alleges that in November 2022, Wells gave her a “courtesy call” to let her know that Warner Bros. would soon be announcing the reboot. According to the suit, Warner Bros. offered to honor Crichton’s contribution to the original series, but refused to engage in negotiation over actual credit.

She responded by asserting the Crichton estate’s “frozen rights” to approve any reboots of the series. In subsequent negotiations, she says she was promised either that Crichton would get a “created by” credit, or that the estate would get a $5 million guarantee. However, those terms were ultimately withdrawn and the talks broke down, according to the suit.

She alleges that Wells, Wyle and Warner Bros. then proceeded to make the same show under a new name, cutting the Crichton estate out of the deal.

“Rather than afford Crichton the ‘created by’ credit he deserved, Defendants would pretend their reboot was not his creation at all, thereby enriching themselves to the tune of millions of dollars — potentially
hundreds of millions or several billion dollars in success — and depriving Crichton’s heirs of their
rightful share,” the suit alleges.

“The Pitt” was announced in March, and is expected to debut on Max sometime next year. The suit alleges that the Wyle is effectively reprising his role as Dr. John Carter from “ER,” though with a different name.

The suit contends there are numerous other similarities between the two shows, including the setting, pacing, structure, character traits, and themes.

“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,” a spokesperson for Sherri Crichton said in a statement. “While litigation is never the preferred course of action, contracts must be enforced, and Michael Crichton’s legacy must be protected.”

The suit seeks an injunction to block Warner Bros. from violating Crichton’s contract, as well as punitive and compensatory damages.

Warner Bros. has yet to issue a response. The Crichton trust is represented by Robert Klieger of Hueston Hennigan LLP.