Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
Nov 14, 2025
23:17
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After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.
In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss:
The background behind the ER “freeze clause”
Warner Bros.’ First Amendment arguments under California’s anti-SLAPP statute
The battle over what “derivative work” really means
How the trial court handled the Katz declaration
The broader implications for creative freedom and legacy IP
The Briefing by Weintraub Tobin 
After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.