Appeals Court Denies Families' Bid to Reopen Boeing 737 Max Criminal Case

Victims' relatives argued prosecutors failed to properly consult them before reaching a deal with the company.

Apr. 1, 2026 at 3:18am

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A photorealistic studio still-life photograph featuring a shiny, polished metal model of a Boeing 737 Max aircraft floating on a clean, white background. The model is dramatically lit, with sharp shadows, conceptually representing the abstract corporate strategy and legal battles surrounding the 737 Max crashes.The legal aftermath of the Boeing 737 Max crashes continues, as victims' families fight for criminal accountability.New Orleans Today

A federal appeals court has denied a request from dozens of families who lost relatives in two fatal Boeing 737 Max crashes to reopen a criminal case against the aircraft manufacturer. Lawyers for the families had argued that the Department of Justice failed to properly consult them before reaching a deal that led a lower court to dismiss a criminal conspiracy charge against Boeing.

Why it matters

The ruling means Boeing will not face criminal accountability for the crashes that killed 346 people, despite allegations the company misled regulators about a flight-control system linked to the disasters. The victims' families argued they were never given a meaningful opportunity to shape the negotiations between the Justice Department and Boeing.

The details

In a unanimous decision, a three-judge panel of the 5th U.S. Circuit Court of Appeals said it disagreed with the families' claims that federal prosecutors had violated their rights. Boeing said it had 'no comment' but previously argued that more than 60 other families 'affirmatively supported' the deal and dozens more did not oppose it. The deal allowed Boeing to avoid prosecution in exchange for paying or investing an additional $1.1 billion.

  • In 2021, the Justice Department first charged Boeing with defrauding the government.
  • In 2024, federal prosecutors determined Boeing had violated the original agreement.
  • In May 2025, the Justice Department returned with a new deal and request to withdraw the criminal charge, which was approved in November 2025.

The players

Department of Justice

The U.S. government agency that initially charged Boeing with criminal conspiracy but later reached a deal to avoid prosecution.

Boeing

The aircraft manufacturer that was charged with criminal conspiracy related to the 737 Max crashes but avoided prosecution through a deal with the Justice Department.

Paul Cassell

A lawyer representing the families of the 737 Max crash victims, who argued the appeals court ruling was 'badly flawed.'

Paul Clement

A Boeing attorney who said more than 60 other families 'affirmatively supported' the deal and dozens more did not oppose it.

Reed O'Connor

The U.S. District Judge who oversaw the criminal case for years and approved the Justice Department's request to withdraw the charge against Boeing.

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What they’re saying

“Today's ruling means that Boeing escapes criminal justice accountability for killing 346 people. The victims' families were never given a meaningful opportunity to shape the negotiations between the Justice Department and Boeing, dating back to 2020.”

— Paul Cassell, Lawyer for the families

“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

“The government has, for years, solicited and weighed the views of the crash victims' families as it's decided whether and how to prosecute the Boeing Company.”

— Federal prosecutors

What’s next

The families' lawyers have indicated they may appeal the appeals court's decision, raising the possibility of further legal battles over the criminal case against Boeing.

The takeaway

This ruling highlights the ongoing tensions between the victims' families, who sought criminal accountability for Boeing, and the Justice Department's decision to ultimately reach a deal that allowed the company to avoid prosecution. It underscores the challenges in ensuring corporate wrongdoing is properly addressed in the aftermath of such tragic events.