Warner Bros. TV Responds to Michael Crichton Estate’s Suit: The Pitt ‘Is a Completely Different Show From ER‘

Max’s forthcoming medical drama The Pitt “is a completely different show from ER,” Warner Bros. Television said in a recent legal filing that contradicts claims made by the estate of ER creator Michael Crichton.

In August, Sherri Crichton, widow of Michael Crichton, filed a lawsuit against Noah Wyle, John Wells, R. Scott Gemmill and Warner Bros. Television for walking away from long-drawn-out negotiations to make a new version of ER — a concept that later morphed into Max medical drama The Pitt and does not credit Crichton as a creator.

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The Pitt is ER,” the suit alleges (per Deadline). “It’s not like ER, it’s not kind of ER, it’s not sort of ER. It is ER complete with the same executive producer, writer, star, production companies, studio and network as the planned ER reboot.”

The most recent filing, made on behalf of the studio as well as Wells, Wyle and Gemmill, counters that “Plaintiff cannot use Mr. Crichton’s ER contract as a speech-stifling weapon to prevent Defendants from ever making a show about emergency medicine.” (You can read the response in full here, courtesy of our sister site Deadline.)

In a response to Warner Bros. Television’s filing, a spokesperson for Sherri Crichton issued this statement to TVLine: “That the defendants filed their meritless motion on the anniversary of Michael Crichton’s death is emblematic of the studio’s callousness and utter disregard for Crichton’s legacy. The defendants’ motion is a transparent attempt to dodge discovery and prevent the true facts from coming out. Warner Bros. negotiated with the estate for nearly a year, knowing it could not proceed with its ER reboot without the estate’s permission. When those discussions failed, Warner Bros. slapped a new name on the series, changed its location, and proceeded anyway in clear violation of Crichton’s contract.  The defendants’ last-minute attempt to rebrand their ER reboot as The Pitt is not fooling anyone. The estate looks forward to presenting its case to a jury and is confident it will prevail.”

Those named in the suit are being charged with Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and Intentional Interference With Contractual Relations. In a statement to TVLine, Warner Bros. Television responded to the suit, saying: “The lawsuit filed by the Crichton Estate is baseless, as The Pitt is a new and original show. Any suggestion otherwise is false, and Warner Bros. Television intends to vigorously defend against these meritless claims.” (John Wells Productions has not yet commented on the matter.)

Noah Wyle 'The Pitt' Season 1 Release Date, Trailer on Max
Noah Wyle 'The Pitt' Season 1 Release Date, Trailer on Max

Noah Wyle’s The Pitt: Everything We Know

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Max’s The Pitt, which received a 15-episode order in March, is not a direct continuation of ER, nor does it feature any characters from the NBC juggernaut. Wyle, a five-time Emmy nominee for his breakout role as Dr. John Carter, will now inhabit the part of a different emergency room attending physician — this one named Dr. Michael Robinavitch (aka Dr. Robby). And unlike ER, which was set in Chicago, The Pitt is based in Pittsburgh, and will offer a “realistic examination of the challenges facing healthcare workers in today’s America, as seen through the lens of the frontline heroes working in a modern-day hospital,” according to the official logline.

That said, Wyle — who serves as an EP and wrote two Season 1 episodes — previously shared that a failed attempt to revive ER is what led to the creation of The Pitt.

“[Wells] thought about it, and we talked about it, and then we ended up bringing in a couple of the old ER writers,” including Gemmill and David Zabel. “We came up with a concept, and it really never got out of the starting gate,” Wyle conceded on a June episode of the Still Here Hollywood podcast, explaining that they “had some issues” with the Crichton estate, “and the negotiations became a non-starter.”

Afterwards, Wyle, Wells and Gemmill pivoted to creating a wholly new series set in the world of medicine. Max recently released a sizzle reel of its 2025 programming slate, which includes a first look at The Pitt. Production on Season 1 began in July.

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