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

Victims' families argue prosecutors violated their rights in Boeing settlement deal

Published on Feb. 5, 2026

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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 settlement deal with Boeing that allowed the company to avoid prosecution.

Why it matters

The 737 Max crashes in 2018 and 2019 killed 346 people and led to a major crisis for Boeing. The families are seeking accountability and believe a criminal trial is necessary to achieve meaningful justice.

The details

The families' lawyer, Paul Cassell, urged the 5th U.S. Circuit Court of Appeals to overturn a lower court's dismissal of a criminal conspiracy charge against Boeing. The company had faced the charge for allegedly misleading FAA regulators about a flight-control system tied to the crashes. Federal prosecutors countered that they had solicited and considered the views of the victims' families in deciding how to prosecute Boeing.

  • The 737 Max jets crashed less than five months apart in 2018 and 2019.
  • In 2021, the Justice Department charged Boeing with defrauding the government but agreed not to prosecute if the company paid a settlement.
  • In 2024, federal prosecutors determined Boeing had violated the agreement, and the company agreed to plead guilty to the charge.
  • In 2025, a judge rejected the plea deal and directed the two sides to resume negotiations.
  • In 2026, the Justice Department reached a new deal with Boeing and requested to withdraw the criminal charge.

The players

Paul Cassell

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

Paul Njoroge

A Canadian man who lost his entire family in the second of the two 737 Max crashes.

Boeing

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

U.S. District Judge Reed O'Connor

The judge who oversaw the case for years and issued a written decision describing the families' arguments as compelling.

Paul Clement

A Boeing attorney who said more than 60 families of crash victims 'affirmatively supported' the settlement deal.

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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 in the aftermath of the 737 Max crashes, with the victims' families seeking a criminal trial to hold Boeing responsible for the tragedy.