to cut out the Crichton estate and, given that the creator is John Wells, who ran ER for years and years, I see the root of the argument. It might even be true that they shifted focus so that they didn't have to include the estate. I'm not sure that's gounds to sue, though. I agree that it's very hard to argue given that "medical drama" is a whole genre and Wells can certainly just go make another one if he wants. And he reuses actors all the time. And hell, when ER premiered it wasn't even the only Chicago-set hospital show that year.
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