The Pitt controversy explained – why Warner Bros. is being sued over ER ‘rip-off’

Warner Bros. Discovery is being sued over what it called a “baseless” allegation that its upcoming medical drama The Pitt is a rip-off of the iconic procedural ER.

The statement followed a lawsuit filed by ER co-creator Michael Crichton’s widow, Sherri, on August 27, 2024. The Crichton estate alleged the new TV show coming to Warner Bros. Discovery’s streaming service, Max, is an unauthorized reboot.

The suit named John Wells, who was a friend of Crichton’s and an ER showrunner, as one of the defendants.

Warner Bros. TV fired back in the statement shared by Variety, writing, “The lawsuit filed by the Crichton Estate is baseless, as The Pitt is a new and original show.” Clearly, not everyone agrees.

The Pitt lawsuit explained

The Crichton estate claims that Warner Bros. TV devised The Pitt as a rip-off following failure to reach an agreement to reboot ER.

The estate, headed by Sherri Crichton, was in talks to reboot the iconic med-drama. Negotiations fell through, as they often do in Hollywood, leaving Warner Bros. ER-less. The suit claims The Pitt was developed in response as a rebranded version.

ER’s pilot was adapted from a script Crichton wrote in 1974. It was based on his experiences as a medical student, and he was credited as one of the creators.

Crichton secured a frozen rights provision in his contract before his death in 2008. This prevents productions based on ER from being made without his estate’s consent. Put simply, the estate alleged that Warner Bros. TV came up with The Pitt to capitalize on ER’s success without the estate.

“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 told The Associated Press.

Alleged similarities between The Pitt and ER

The Pitt and ER are both hospital drama TV series starring Noah Wyle, best known as ER’s John Carter.

CBS

“The Pitt is ER,” the suit reads. “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 Pitt takes place in Pittsburgh, whereas ER was set in the windy city of Chicago. This is one example of how the projects differ, says Warner Bros. However, the estate posits the shows share the hospital setting, themes, structure, and that Wyle is effectively playing the same renamed character.

Wyle, who appeared in over 250 episodes of ER, was involved in the planned reboot of the iconic series before signing onto The Pitt. The new series shares another strand of DNA with ER: they feature the same behind-the-scenes creatives.

Who was named in the lawsuit?

Named defendants include Actor Noah Wyle, showrunner R. Scott Gemmill, and executive producer John Wells. All worked on ER in different capacities.

Max

Wyle appeared in The Librarians, Falling Skies, and Leverage: Redemption since ER ended in 2009; Gemmill was a producer on ER before joining NCIS: Los Angeles as a writer and executive producer.

Wells began cooking up an ER reboot for Max in 2020, claims the suit. Sherri says she received a “courtesy call” from Wells, who informed her it would be announced.

The estate alleges Warner Bros. said Crichton would receive a ‘created by’ credit on the reboot or a $5 million guarantee (a term that guarantees pay if the participant is released from the contract, with exceptions).

But talks broke down. “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 reads.

Warnes Bros. intends to “vigorously defend” The Pitt and release the show

The television division claims The Pitt is an original idea and will move to dismiss the suit and eventually release the show on Max.

“Warner Bros. Television intends to vigorously defend against these meritless claims,” its response read.

The Pitt would be blocked from being made if Warner Bros. loses.

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