As a dedicated fan of the golden era of medical dramas and a fervent admirer of Michael Crichton‘s groundbreaking work, I can’t help but feel a sense of dismay and intrigue at the current legal tussle unfolding between Crichton’s estate and Warner Bros. Television. The revival of ER, or should I say, the rebranding of ER into The Pitt, has sparked quite the controversy, with allegations of studio trickery and disrespect towards a legend in the field of science fiction and medical drama.
The resemblance of a potential revival series for ER, produced by Warner Bros. Television, has led to a legal dispute with the estate of Michael Crichton, who owns the rights to the medical drama that he originally created and is renowned for writing numerous technological thrillers that have been adapted into successful Hollywood films.
Michael Crichton’s estate claims that Warners and three former ER cast members have been trying to revive the series under a new name, The Pitt, after they faced issues with crediting Crichton as the show creator due to a disagreement. This is part of an alleged pattern by the studio aimed at bypassing Crichton’s rights over franchises he created, such as Westworld, according to a lawsuit filed in Los Angeles Superior Court on Tuesday.
Back in the beginning of this year, Max authorized a 15-episode production for The Pitt, featuring Noah Wyle and created by the team behind ER, John Wells and R. Scott Gemmill – all of whom are mentioned in the lawsuit. The series is depicted as an authentic portrayal of the hurdles faced by healthcare professionals in contemporary America, focusing on the perspective of frontline heroes working at a cutting-edge hospital in Pittsburgh.
Gemmill, who was responsible for executively producing over half of the 330 episodes of the long-running series ‘ER’ across its 15 seasons, held the position of showrunner on this popular TV show. Originating from John Wells Productions and Warner Bros. TV, the original ‘ER’ is linked to a cancelled reboot and another production titled ‘The Pitt’. These two projects share the same executive producers, main actor, writer, production companies, studio, and network.
As per the claim, Sherri Crichton, the widow of the writer, received a proposal letter from WBTV in 2022 regarding the revival of the series. She asserted that the studio declined to discuss the “created by” credit for Crichton and was informed that it wouldn’t be granted, as they stated it was “not going to come to fruition.”
According to the lawsuit, Crichton had a clause known as “frozen rights” in place, which prevented any ER-based productions without his approval. His estate enforced these rights, resulting in an arrangement where Wells would credit Crichton as the series creator. This agreement was backed by a personal guarantee of $5 million from him and his production company, should the show fail to proceed.
However, upon resuming talks, WBTV went back on their initial agreement and sought a contract with more unfavorable financial conditions for the estate, as stated in the lawsuit.
WBTV’s “work on an ER reboot should have ended,” the complaint states.
Instead, it is claimed that the creators of The Pitt pressed forward with the project despite the lawsuit. Furthermore, they strategically shifted the setting from an urban hospital to one located in Pittsburgh, allegedly as a tactic intended to challenge Crichton’s rights, as stated in the complaint.
Michael Crichton’s estate is filing multiple lawsuits against Warner Bros., who did not respond to our request for comment, due to an alleged contract violation. They are seeking a judge’s order to prevent any infringement upon the author’s rights related to ER.
Moreover, the estate finds fault with WBTV not granting Crichton a “created by” credit on HBO’s Westworld, a series stemming from his 1973 film of the same name, which he authored, directed, and brought to life. Instead, he was credited as simply “based on,” an attribution appearing in the show’s closing credits. On that movie, Crichton, who also penned The Andromeda Strain and Jurassic Park, lacked the same legal safeguards he later established regarding ER.
In a 2023 email to Wyle, Sherri Crichton expressed her interactions with Warners as “awful and disregarding.” She further stated in another message to Wells that the studio “reduced and erased” the significant contributions made by her late husband to numerous other successful ventures.
Wyle, Wells, and Gemmill embarked on a new version of ER, set to continue from where the show ended in 2020. Initially, it was envisioned to portray the breakdown of an urban hospital system amidst the COVID-19 pandemic, drug addiction, and persistent homelessness, with Wyle returning as a veteran doctor. NBCUniversal showed interest in this project in 2022, which eventually led Warner Bros. Television to propose a deal favorable to HBO Max without first informing Michael Crichton’s estate about the agreement, as stated in the lawsuit.
Over its 331-episode span, the TV series ER garnered 124 Emmy Award nominations and took home 23 wins. Initially airing in September 1994, it was soon transferred to the highly sought-after Thursday night time slot, a position previously held by LA Law, which it occupied for an impressive 15 years.
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2024-08-28 00:25