A U.S. appeals court has rejected a bid from families of victims of the Boeing 737 Max crashes to revive a criminal case against the company. The families contended that the Department of Justice (DOJ) failed to properly consult with them before reaching a deal with Boeing last year.

Background of the Case

The original case stemmed from allegations that Boeing misled federal regulators regarding a flight-control system implicated in the two fatal crashes, which resulted in the deaths of 346 people. In 2021, Boeing reached an agreement with the DOJ to avoid criminal prosecution by paying or investing $1.1 billion in fines, victim compensation, and safety improvements.

Families' Claims of Rights Violation

Lawyers representing the families argued that federal prosecutors violated their rights under the Crime Victims’ Rights Act by not providing a “meaningful opportunity” to influence negotiations with Boeing, dating back to 2020. Cassell, representing the families, stated this in a recent statement.

Court's Unanimous Ruling

On Tuesday, a three-judge panel of the 5th U.S. Circuit Court of Appeals unanimously disagreed with the families’ claims. The court determined that federal prosecutors did not violate the rights of the victims’ families.

Boeing's Response

Boeing declined to comment on the ruling. However, during a hearing last month in New Orleans, Boeing attorney Paul Clement stated that over 60 other families “affirmatively supported” the deal, and dozens more did not oppose it. Clement also stated that Boeing “deeply regrets” the crashes and has “taken extraordinary steps” to improve safety and provide compensation.

Prosecutorial Perspective

Federal prosecutors maintained that they had consistently “solicited and weighed the views of the crash victims’ families” throughout the decision-making process regarding the prosecution of Boeing. The initial agreement, approved by Judge O’Connor in November, allowed Boeing to avoid prosecution in exchange for the financial settlement and safety enhancements.

The 737 Max System and Crashes

The case centered on the Maneuvering Characteristics Augmentation System (MCAS), a software system Boeing developed for the 737 Max. The aircraft began flying in 2017, marketed as an update requiring minimal additional pilot training.

Investigation Findings

Investigators discovered that Boeing failed to fully inform key Federal Aviation Administration (FAA) personnel about changes made to the MCAS software before regulators established pilot training requirements and certified the aircraft. The system was found to have forced the planes into a dive based on faulty sensor readings, leaving pilots unable to regain control.

Families' Reaction and Future Concerns

Catherine Berthet, whose daughter was among those killed in one of the crashes, expressed her “sadness and outrage” at the court’s decision. She criticized the criminal justice system’s perceived inability to prioritize public and passenger safety. Cassell expressed concern that “another Boeing crash” could result from the flawed ruling.

The two 737 Max jets crashed within five months of each other in 2018 and 2019 – a Lion Air flight and an Ethiopian Airlines flight.