Boeing Braces for First Civil Trial in the Wake of the 737 MAX Tragedy

Boeing is set to confront a significant legal challenge in a Chicago federal court as it prepares for its first civil trial over the March 2019 Ethiopian Airlines crash. This catastrophic event claimed the lives of 157 passengers and crew members, leaving families grieving and calling for accountability.

Originally, the trial included six plaintiffs, but as reported by a person with an inside perspective on the litigation, all but one have settled their disputes with the aviation giant. The lone plaintiff pressing ahead is a family member of Manisha Nukavarapu, an aspiring medical student tragically lost in the crash. Nukavarapu’s story paints a vivid and poignant portrait of the impact of the disaster, as she was traveling to celebrate the birth of her niece when the accident cut short her bright future.

Plaintiffs' relatives underwent depositions between April 2019 and March 2021, grappling with their loss and the legal complexities surrounding wrongful death claims due to negligence. Currently, there are 30 pending cases for 29 decedents, with the next group trial not scheduled until April 2025, unless the remaining lawsuits reach a settlement beforehand.

Within the courtroom, Boeing has publicly and legally accepted responsibility for the crashes linked to the faulty design of the Maneuvering Characteristics Augmentation System (MCAS), a flight stabilizing system that malfunctioned in both the Ethiopian Airlines tragedy and a prior accident involving Lion Air in Indonesia. With its fleet grounded globally for 20 months after the second crash, the company has since worked to resolve over 90 percent of the related cases without disclosing the cumulative financial impact.

During a Texas court hearing linked to a Department of Justice criminal case on the MAX, a Boeing attorney revealed that the company has shelled out billions to victims' families and legal practitioners through civil litigation. Notably, Boeing has also had to face legal actions concerning the Lion Air crash, with dozens of depositions being taken, indicating a broad scope of legal proceedings the company is navigating.

Meanwhile, Boeing continues to deal with the repercussions on the criminal justice front. The company is entangled in a new deferred prosecution agreement with the DOJ, which arose after Boeing was deemed to have violated a $2.5 billion settlement agreement from January 2021 over charges of fraud in the certification of the MAX jets. The outcome of the agreement is pending approval by a federal judge.