Michael Crichton's widow claims Noah Wyle's “The Pitt” is a copy of “ER”

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

The lawsuit accuses producer John Wells of “personal betrayal.” He and Wyle turned to “The Pitt” after the Crichton successor blocked their plans for a reboot of “ER” and the subsequent negotiations failed. Both series are hospital series, with “ER” set in Chicago and “The Pitt” in Pittsburgh.

“'The Pitt' is 'ER,'” the lawsuit says. “It's not like 'ER.' It's not kind of 'ER.' It's not kind of 'ER.' It's 'ER,' with the exact same executive producer, writer, star, production companies, studio and network as the proposed 'ER' reboot.”

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

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

Crichton's widow, Sherri, claims Wells “politely called” her in November 2022 to inform her that Warner Bros. would soon announce the reboot. According to the lawsuit, Warner Bros. offered to credit Crichton for his contribution to the original series but refused to negotiate the actual credit.

She responded by invoking the Crichton estate's “frozen rights” to authorize any reprints of the series. In the negotiations that followed, she says, she was promised either that Crichton would be credited as “creator by” or that the estate would receive a $5 million guarantee. But those terms were ultimately withdrawn and talks broke down, according to the lawsuit.

She claims that Wells, Wyle and Warner Bros. then produced the same show under a new name, cutting the Crichton estate out of the deal.

“Instead of giving Crichton the credit he deserves, the defendants would pretend that their reboot was not his creation at all, thereby enriching themselves by millions of dollars – possibly
Hundreds of millions or billions of dollars in success – and robs Crichton’s heirs of their
“Our rightful share is not being offset,” the lawsuit states.

“The Pitt” was announced in March and is set to premiere on Max sometime next year. The lawsuit alleges that Wyle is essentially reprising his role as Dr. John Carter from “ER,” but under a different name.

The lawsuit alleges that there are numerous other similarities between the two shows, including 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 has earned the studio billions over the course of the partnership, then 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 lawsuit seeks an injunction to prevent Warner Bros. from violating Crichton's contract, as well as punitive and compensatory damages.

Warner Bros. has not yet responded. Sherri Crichton is the guardian of the family trust established for the benefit of the author's two children. The trust is represented by Robert Klieger of Hueston Hennigan LLP.