A lawsuit against Warner Bros. Television over its ER revival look-alike from the estate of Michael Crichton, holder of the rights to the medical drama created by the prolific writer of technological thrillers who spawned various Hollywood blockbusters, has been allowed to advance.

Los Angeles Superior Court Judge Wendy Chang, in a ruling issued on Monday, rejected WBTVs bid to dismiss the lawsuit on free speech grounds, finding that the studio may have interfered with the estates contract rights and infringed the copyright of ER. The evidence establishes a timeline of various communications and events indicating that The Pitt may be derived from the medical drama, the court concluded. In a statement, Sherri Crichton, Michael Crichtons widow, said she looks forward to presenting its case to a jury and is confident it will prevail. She added, This is an important win for Michael Crichton and the entire creative community. The Court has rejected Warner Bros. attempt to avoid responsibility for breaching its contract with Michael Crichton.

Last year, Max issued a 15-episode, straight-to-series order for The Pitt, which stars Noah Wyle and comes from ER duo John Wells and R. Scott Gemmill all of whom are named in the complaint. It described the series as a a realistic examination of the challenges facing health care workers in todays America as seen through the lens of the front-line heroes working in a modern-day hospital in Pittsburgh.

The plans sparked a lawsuit accusing the Warner Bros. Discoverys TV arm and a trio of ER alums of repackaging plans for an ER reboot as The Pitt after they couldnt secure the rights due to a dispute over a credit acknowledging Crichton as the creator of the show. It alleged a pattern of conduct by the studio designed to circumvent Crichtons rights to franchises he spawned. Both series share the same executive producers, star, writer, production companies, studio and network.

WBTV, in a statement at the time, denied the allegations and characterized The Pitt as a new and original show. It moved to dismiss the complaint under a statute that allows the early dismissal of lawsuits intended to chill free speech.

In Mondays ruling allowing the lawsuit to proceed, the court pointed to negotiations with the estate over an ER reboot, the failure of those discussions and the subsequent creation of The Pitt. The court cannot find Plaintiffs claims to be totally meritless, the ruling stated.

Evidence in the case includes an offer letter from WBTV in 2022 for resumption of the series. Crichton had secured a so-called frozen rights provision in his contract, which bars any productions derived from ER without his consent, according to the lawsuit. The estate enforced those rights, leading to an agreement from Wells to include a credit that acknowledges Crichton as the creator of the series. This was backed by a $5 million personal guarantee from him and his production company in the event the show didnt move forward. WBTV, however, allegedly reneged on the agreement and pressed for a deal with less favorable financial terms for the estate.