Families of Plane Crash Victims Appeal to Revive Criminal Case Against Boeing

The families argue prosecutors violated their rights by failing to properly consult them before reaching a settlement deal with Boeing.

Published on Feb. 5, 2026

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The families of victims from two fatal crashes of Boeing 737 Max jetliners have asked a federal appeals court to revive a criminal case against the aircraft manufacturer. They argue that federal prosecutors violated their rights by failing to properly consult them before reaching a $1.1 billion settlement deal that allowed Boeing to avoid prosecution. The Justice Department countered that it has solicited and considered the views of the victims' families throughout the process.

Why it matters

This case highlights the ongoing battle for accountability and transparency in the aftermath of the deadly 737 Max crashes that killed 346 people. The families are seeking to have their voices heard and to ensure meaningful consequences for Boeing's alleged misconduct in misleading regulators about the plane's flight control system.

The details

In 2021, the Justice Department charged Boeing with defrauding the government, but later agreed not to prosecute if the company paid a settlement and took steps to comply with anti-fraud laws. However, in 2024 prosecutors determined Boeing had violated the agreement, leading to a new deal in which the company agreed to plead guilty. A federal judge later rejected that plea deal and directed the two sides to resume negotiations, resulting in the current $1.1 billion settlement that the families are now challenging.

  • In 2018 and 2019, two Boeing 737 Max jets crashed within five months of each other, killing all 346 people on board.
  • In 2021, the Justice Department initially charged Boeing with defrauding the government.
  • In 2024, prosecutors determined Boeing had violated the original settlement agreement.
  • In 2025, a federal judge rejected Boeing's plea deal and directed the two sides to resume negotiations.
  • In 2026, the families appealed the dismissal of the criminal case against Boeing.

The players

Paul Cassell

A lawyer representing the families of the plane 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 that faced a criminal conspiracy charge for allegedly misleading federal regulators about a flight-control system tied to the crashes.

U.S. Department of Justice

The government agency that reached a settlement deal with Boeing, allowing the company to avoid prosecution in exchange for paying fines and taking internal safety measures.

Reed O'Connor

The U.S. District Judge who oversaw the case for years and issued a written decision describing the families' arguments as compelling, but ultimately concluding that federal prosecutors had not acted in bad faith.

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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 struggle for accountability and transparency in the aftermath of the deadly 737 Max crashes, as the families of the victims continue to fight for their voices to be heard and for meaningful consequences for Boeing's alleged misconduct.