Warner Bros. seeks to dismiss a lawsuit filed by the estate of Michael Crichtonwho claimed that the next Max series “The Pitt” is an unauthorized restart of “ER”.

Crichton was one of the creators of “ER,” having written the original pilot script based on his own experiences as a medical student. His widow, Sherri, continued in August, accusing John Wells, Noah Wyle and others for creating “The Pitt” behind her back, which she says is “ER” in everything but its title.

The workshop filed a request Monday, arguing that the two shows are separate and that the lawsuit is doomed to failure.

“’The Pitt’ is a completely different series from ‘ER,’” the motion states. “Plaintiff cannot use Mr. Crichton’s ‘ER’ contract as a weapon to suppress speech to prevent Defendants from making a show about emergency medicine.”

Warner Bros.’ lawyers argue that Crichton’s estate has no idea of ​​putting on a show in a hospital. The motion lists a list of other shows — “St. Elsewhere,” “Grey’s Anatomy,” “Chicago Med,” “House,” “The Good Doctor,” “The Resident” — to argue that the idea is not “hardly unique”.

The lawsuit identified several alleged similarities between the two shows, including the fact that Wyle stars in both. The suit also argued that Wyle was effectively reprising his role as Dr. John Carter on “ER” under a different character name.

In response, Warner Bros. argued that the two shows had different plots, characters, themes, settings and pacing, as well as different approaches to music and lighting.

“‘ER’ was also subject to network restrictions regarding language and nudity,” the motion states. “’The Pitt’ is a streaming show that does not face such restrictions.”

Crichton’s widow alleged that Wells, a former “ER” showrunner, began trying to reboot the series for Max in 2020. She found out in 2022, when Wells called her to give her advice. ” courtesy “. She asserted her husband’s “frozen rights” to consent to any reboot of “ER,” and explained how to properly credit him and compensate the ultimately broken estate.

Wells then shifted gears and created “The Pitt,” which Sherri Crichton says is an effort to avoid paying the estate.

Warner Bros.’ The lawyers argue that “The Pitt” is not a “derivative work” under copyright law because it is not substantially similar to “ER.”

The studio’s lawyers cited several copyright cases in support, including two in which Crichton was successful as a defendant, involving the films “Coma” and “Jurassic Park.”

Sherri Crichton blasted Warner Bros. for filing the petition on the anniversary of her husband’s death, calling it “emblematic of the studio’s insensitivity and complete disregard for Crichton’s legacy.” His lawyers previously agreed to extend the deadline given to Warner Bros. to file the request until November 4, the 16th anniversary of the writer’s death.

“Defendants’ motion is a transparent attempt to avoid discovery and prevent the true facts from coming to light,” she continued. “Warner Bros. negotiated with the estate for almost a year, knowing that he could not proceed with the reboot of “ER” without the estate’s permission. When those talks failed, Warner Bros. gave the series a new name, changed its location, and still proceeded in blatant violation of Crichton’s contract. The defendants’ last-minute attempt to rename their reboot “ER” to “The Pitt” is fooling no one. The estate is eager to present its case to a jury and is confident it will prevail.