Families of Boeing 737 Max Crash Victims Appeal to Revive Criminal Case

Victims' families argue prosecutors violated their rights by failing to properly consult them before striking a deal with Boeing.

Feb. 5, 2026 at 6:31pm

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Thirty-one families who lost relatives in the two fatal crashes of Boeing 737 Max jetliners have asked a federal appeals court to revive a criminal case against the aircraft manufacturer. The families argue that federal prosecutors violated their rights by failing to properly consult them before reaching a deal with Boeing that allowed the company to avoid prosecution in exchange for paying $1.1 billion in fines, compensation, and safety measures.

Why it matters

The 737 Max crashes killed 346 people and raised questions about Boeing's transparency with regulators and the public. The families are seeking accountability and believe a criminal trial is necessary to achieve meaningful justice.

The details

The criminal case centered around a flight-control system on the 737 Max that was tied to the two fatal crashes. Investigators found that Boeing did not properly inform the FAA about changes it had made to the software before regulators certified the plane for flight. The families' lawyer argued that federal prosecutors violated the Crime Victims' Rights Act by shutting the families out of the process that led to the deal with Boeing.

  • The 737 Max crashes occurred in 2018 and 2019.
  • The Justice Department first charged Boeing in 2021 but later reached a deal to avoid prosecution.
  • In 2024, federal prosecutors determined Boeing had violated the initial agreement, leading to a new deal last year.
  • The appeals court hearing took place on Thursday, February 5, 2026.

The players

Paul Cassell

A lawyer representing the 31 families of 737 Max crash victims.

Paul Njoroge

A Canadian resident who lost his entire family in the second 737 Max crash.

Boeing

The aircraft manufacturer facing a criminal case over the 737 Max crashes.

U.S. Department of Justice

The federal agency that reached a deal with Boeing to avoid prosecution in exchange for fines and safety measures.

U.S. District Judge Reed O'Connor

The judge who previously oversaw the case and described the families' arguments as compelling.

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What they’re saying

“I feel that there wouldn't be meaningful accountability without a trial.”

— Paul Njoroge (Statement after the hearing)

“Boeing deeply regrets the tragic crashes and has taken extraordinary steps to improve its internal processes and has paid substantial compensation to the victims' families.”

— Paul Clement, Boeing attorney (Hearing)

What’s next

The appeals court panel that heard the arguments said it will issue a decision at a later date.

The takeaway

This case highlights the ongoing battle for accountability and justice for the victims of the 737 Max crashes, with the families arguing that a criminal trial is necessary to achieve meaningful closure and reform within Boeing.