Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal



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

Watch this episode on YouTube.