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Families of Boeing 737 Max Crash Victims Seek to Revive Criminal Case
Victims' families argue prosecutors violated their rights in Boeing settlement deal
Feb. 5, 2026 at 10:15pm
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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.
What they’re saying
“I feel that there wouldn't be meaningful accountability without a trial.”
— Paul Njoroge
“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
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.
