We have an update about the ongoing lawsuit against Warner Bros. Discory Television over its “ER”-style medical drama “The Pitt.” Last year, Max ordered 15 episodes of the series starring Noah Wyle and created by John Wells and R. Scott Gemmill. The show is intended to be “a realistic examination of the challenges facing health care workers in today’s America as seen through the lens of the front-line heroes working in a modern-day hospital in Pittsburgh.”
However, “The Pitt” got Warner Bros. Discovery slapped with a lawsuit against it, Wyle, Wells, and Gemmill. The suit alleges that the new series is just a repackaged reboot of “ER” pulled off by several of the show alumni. With one of the major sticking points being the new series’ refusal to credit the late Michael Crichton as a creator, his estate also holds the rights to “ER.”
It accuses the studio of a “pattern of conduct” designed to circumvent Crichton’s rights to franchises. “The Pitt” has the same star, writer, network, executive producers, and production companies as “ER.”
Latest Development
On February 24th, Judge Wendy Chang of the Los Angeles Superior Court rejected Warner Bros. Television’s (WBTV) plea to dismiss the lawsuit on the grounds of free speech. The studio is being accused of infringing on a joint copyright agreement on “ER.” Evidence establishing a “timeline of various communications and events” could indicate “The Pitt” is in fact a derivative work.
According to WBTV, the court “has not decided any of the claims in this case,” but “ruled that the case will proceed.”
The ruling noted there were failed negotiations with Crichton’s estate over an “ER” reboot prior to the development of “The Pitt.” Meaning, the court cannot find “Plaintiffs claims to be totally meritless.”
This is evidenced in an offer letter from WBTV in 2022 to resume the medical drama. Since Crichton’s estate retains “frozen rights” which means their consent must be given on any productions derived from “ER.” Because of this Wells agreed to include a credit that acknowledges Crichton as the creator of the series. Along with a $5 million personal guarantee from him and his production company if the show doesn’t move forward. It’s now alleged that WBTV reneged on the agreement and pressed for a deal with less favorable terms for the estate.
Sherri Crichton, Michael Crichton’s widow, said she “looks forward to presenting its case to a jury and is confident it will prevail,” in a statement. “This is an important win for Michael Crichton and the entire creative community,” she adds. “The Court has rejected Warner Bros.’ attempt to avoid responsibility for breaching its contract with Michael Crichton.”
The MAX series has already been picked up for a second season.
