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

31 families seek to overturn dismissal of criminal conspiracy charge against Boeing over 737 Max crashes

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 striking 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 in 2018 and 2019 killed 346 people, and the families have been seeking accountability and justice. This appeal represents their ongoing efforts to hold Boeing criminally responsible for allegedly misleading regulators about a flight-control system tied to the crashes.

The details

The families' lawyer, Paul Cassell, urged the 5th U.S. Circuit Court of Appeals to overturn a lower court's dismissal of the criminal conspiracy charge against Boeing. Federal prosecutors argued they had solicited and considered the families' views in deciding how to prosecute Boeing. More than a dozen family members attended the hearing, with one saying "I feel that there wouldn't be meaningful accountability without a trial."

  • 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 later 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 returned with a new deal to withdraw the criminal charge, prompting the families' appeal.

The players

Paul Cassell

A lawyer representing the 31 families of plane crash victims.

Paul Njoroge

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

Boeing

The aircraft manufacturer facing a criminal conspiracy charge related to the 737 Max crashes.

U.S. Department of Justice

The federal prosecutors who reached a deal with Boeing to avoid prosecution in exchange for fines and other measures.

U.S. District Judge Reed O'Connor

The judge who oversaw the case for years and described the families' arguments as compelling, but ultimately dismissed the criminal charge.

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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 by the families of the 737 Max crash victims, who believe a criminal trial is necessary to achieve meaningful accountability from Boeing for its alleged actions.