Thirty-one families who lost relatives in two fatal Boeing 737 Max crashes have asked a US appeals court to revive a criminal case against the aircraft manufacturer. The hearing took place on Thursday before a three-judge panel of the 5th US Circuit Court of Appeals in New Orleans.
Paul Cassell, the families' lawyer, argued that the lower court's dismissal of a criminal conspiracy charge should be overturned. Boeing had faced the charge for allegedly misleading US regulators about a flight-control system linked to the crashes, which killed 346 people in 2018 and 2019.
The dismissal was requested by the US government after it reached a deal with Boeing. The company avoided prosecution in exchange for paying or investing an additional $1.1 billion in fines, compensation, and safety measures. Cassell said prosecutors violated the families' rights by failing to consult them properly before striking the deal.
Federal prosecutors countered that they had solicited and weighed the views of crash victims' families for years. More than a dozen family members attended the hearing, and Paul Njoroge, who lost his wife, three children, and mother-in-law in the second crash, said there would be no meaningful accountability without a trial.
US District Judge Reed O'Connor previously dismissed the case, noting the families' arguments were compelling but that he could not block the dismissal. He found prosecutors had not acted in bad faith. Boeing attorney Paul Clement said over 60 families supported the deal and dozens more did not oppose it. The appeals court panel will issue its decision at a later date.
