A lawsuit filed by the estate of Michael Crichton over the alleged similarities between “ER” and the new Max medical drama “The Pitt” has been allowed to proceed, a judge ruled this week.
Sherri Crichton, the writer’s widow, sued Warner Bros. in August, claiming “The Pitt” is an unauthorized reboot of “ER,” the long-running popular medical drama that was created by Crichton. Both series focus on a team of medical staff in the busy emergency room of a hospital in a large city — and both star Noah Wyle.
Warner Bros. attempted to have the suit dismissed by arguing the case targeted the studio’s rights to free speech, but that effort was unsuccessful.
“The Court finds that the evidence submitted by [Crichton’s estate] meet the minimal merit standard to demonstrate at least a prima facie case that ‘The Pitt’ is derived from ‘ER,’” the judge wrote in the ruling. “Under anti-SLAPP standards, the Court cannot find [the estate’s] claims to be totally meritless.”
In a statement to NBC News, a spokesperson for Sherri Crichton called the decision a win not only for her late husband, but for “the entire creative community.”
The lawsuit claims Warner Bros. and Crichton’s estate had been negotiating an “ER” reboot before suddenly abandoning those plans.
“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,” the suit states.
The judge noted there was a record of those negotiations and their breakdown well before “The Pitt” premiered on Max last month.
Crichton, who died of cancer in 2008, is also known for writing “Jurassic Park,” the original “Twister” and 1973’s “Westworld,” which led to the HBO series of the same name. The bestselling author penned 29 novels, many of which were adapted into movies, including “The Andromeda Strain” and “Congo.”