Families of Boeing 737 Max Crash Victims Appeal to Revive Criminal Case
Thirty-one families who lost relatives in two fatal Boeing 737 Max crashes have formally requested a federal appeals court to revive a criminal case against the aircraft manufacturer. The families made their plea on Thursday, urging the court to overturn a lower court's dismissal of charges.
Legal Battle Over Settlement Deal
Paul Cassell, the lawyer representing the families, argued before a three-judge panel of the 5th U.S. Circuit Court of Appeals that the dismissal of a criminal conspiracy charge against Boeing should be reversed. The charge related to allegations that Boeing misled Federal Aviation Administration regulators about a flight-control system linked to the crashes, which resulted in 346 deaths.
The dismissal occurred after the U.S. government reached a deal with Boeing, allowing the company to avoid prosecution. In exchange, Boeing agreed to pay or invest an additional $1.1 billion in fines, compensation for victims' families, and internal safety and quality improvements.
Cassell contended that federal prosecutors violated the families' rights by failing to properly consult them before finalizing the deal and excluding them from the process. "I feel that there wouldn't be meaningful accountability without a trial," said Paul Njoroge, who lost his entire family in the second crash, including his wife, three young children, and mother-in-law.
Prosecutors and Boeing's Response
Federal prosecutors countered that the government has consistently sought and considered the views of the crash victims' families in its prosecution decisions. More than a dozen family members attended the hearing in New Orleans, with many others globally listening via livestream.
Boeing attorney Paul Clement stated that over 60 families "affirmatively supported" the deal, with dozens more not opposing it. Clement expressed that "Boeing deeply regrets" the tragic crashes and has taken significant steps to improve internal processes while providing substantial compensation to victims' families.
Judicial History and Case Details
U.S. District Judge Reed O'Connor, who oversaw the case for years, described the families' arguments as compelling in a November decision. However, he ruled that federal judges cannot block a charge dismissal merely because they disagree with the government's assessment that a settlement serves the public interest. O'Connor also found that prosecutors had not acted in bad faith and had met their obligations under the Crime Victims' Rights Act.
The Justice Department argued that taking the case to trial risked Boeing avoiding further punishment if acquitted by a jury. The criminal case has seen numerous developments since Boeing was first charged in 2021 with defrauding the government. After Boeing violated a 2024 agreement, the company agreed to plead guilty, but O'Connor rejected the plea deal, leading to renewed negotiations and the current appeal.
Background on the 737 Max Crashes
The case centers on a software system developed for the 737 Max, introduced in 2017 as Boeing's response to Airbus's more fuel-efficient models. Boeing marketed the Max as an updated 737 requiring minimal additional pilot training, but it included significant changes, such as an automated flight-control system not mentioned in manuals.
In both crashes—a Lion Air flight off Indonesia in 2018 and an Ethiopian Airlines flight in 2019—the software repeatedly pitched the plane's nose down due to faulty sensor readings, leading to uncontrollable situations. Investigators found that Boeing did not inform key FAA personnel about software changes before regulators certified the aircraft, resulting in a worldwide 20-month grounding after the Ethiopia crash.
The appeals court panel has indicated it will issue a decision at a later date, leaving the families awaiting a potential revival of their pursuit for justice.
