A judge is allowing the estate of Michael Crichton — the creator of hit television series "ER" — to pursue its lawsuit against Max's new medical drama "The Pitt."
Crichton's widow, Sherri Crichton, sued Warner Bros. in August, arguing that the company's new show is an unauthorized reboot of "ER." Both shows center around the personal and professional lives of fictionalized doctors, nurses and other medical staff working in hospital emergency rooms.
Warner Bros. filed a motion to dismiss the case last month, citing a California law — known as its anti-SLAPP law — intended to protect Californians from lawsuits that target free speech. On Monday, the judge sided with Crichton's estate, allowing the suit to move forward.
"The Court finds that the evidence submitted by Plaintiffs meet the minimal merit standard to demonstrate at least a prima facie case that ‘The Pitt’ is derived from ‘ER,'" the judge wrote. "Under anti-SLAPP standards, the Court cannot find Plaintiffs claims to be totally meritless."
A spokesperson for Sherri Crichton called the judge's decision "an important win for Michael Crichton and the entire creative community."
“Sherri Crichton was thrilled that the original team behind ER wanted to do a reboot and was shocked when Warner Bros. abruptly broke off negotiations and announced The Pitt — a carbon copy of the ER reboot that was pitched to her,” the spokesperson said in an email Wednesday. “The Crichton Estate looks forward to presenting its case to a jury and is confident it will prevail.”
Warner Bros. did not immediately return a request for comment.
In her lawsuit, Crichton's estate alleged that Warner Bros. first tried to negotiate a reboot of "ER" before premiering "The Pitt" last month.
"After negotiating unsuccessfully with Crichton’s estate for nearly a year for the right to reboot ER, Warner Bros. simply moved the show from Chicago to Pittsburgh, rebranded it The Pitt, and has plowed ahead without any attribution or compensation for Crichton and his heirs," the suit states.
"ER" took place in a hospital in Chicago. "The Pitt" takes place in Pennsylvania.
The judge noted the failed negotiations in his decision, writing that "Plaintiffs’ evidence establish a timeline of various communications and events to show the negotiations with the Estate over an ER reboot, failure of those negotiations, and the creation of The Pitt."
Crichton received his MD from Harvard Medical School in 1969, but decided to forgo a career in medicine to be a writer. He published more than two dozen novels throughout his lifetime, including "Jurassic Park" in 1990. Crichton died from cancer in 2008.
"ER" aired on NBC from 1994 to 2009, won nearly two dozen Emmy Awards and developed something of a cult-like following. (NBC News and NBC are owned by NBCUniversal.)
Pepperdine University sued Warner Bros. last week for alleged trademark infringement over Mindy Kaling’s upcoming comedy series “Running Point.” The university alleged that Warner Bros. and Netflix “misappropriated” their NCAA basketball team's name and team colors.
Warner Bros. did not return a request for comment about the other lawsuit. A spokesperson for Netflix referred NBC News to a motion it filed on Monday, arguing for the suit's dismissal.
