Boeing 737 Max Plane Crashes: Can Settlement Be Challenged?
The Boeing 737 MAX crashes in 2018 and 2019, which tragically claimed the lives of 346 people, sparked intense legal battles and public outcry. While Boeing reached settlements with the U.S. Department of Justice (DOJ) to avoid criminal prosecution, the question remains: Can these settlements be challenged? The answer, as this blog will explore, is complex and often hinges on the rights of the victims’ families and the court’s interpretation of justice and accountability.
Understanding the Initial Settlements
Following investigations into the Lion Air Flight 610 crash in October 2018 and the Ethiopian Airlines Flight 302 crash in March 2019, the DOJ charged Boeing with conspiracy to defraud the Federal Aviation Administration (FAA). Instead of pursuing criminal charges, in January 2021, the DOJ and Boeing entered into a deferred prosecution agreement (DPA). Under the terms of the DPA, Boeing agreed to pay over $2.5 billion in fines and compensation, including $500 million for a fund to compensate the families of the victims. In exchange, the DOJ would defer prosecution on the fraud charge, effectively shielding Boeing from criminal liability, provided Boeing adhered to the terms of the agreement.
Many victims’ families felt this settlement was inadequate, arguing that it did not hold Boeing executives accountable for their actions and that the DOJ did not properly consult with them during the negotiation process, violating the Crime Victims’ Rights Act (CVRA).
Legal Avenues for Challenging Settlements
Several legal avenues exist for challenging settlements, though their success often depends on specific circumstances and legal interpretations.
- Crime Victims’ Rights Act (CVRA): The CVRA grants certain rights to crime victims in federal criminal proceedings, including the right to be heard and to confer with the prosecution. Families of the Boeing 737 MAX crash victims have argued that the DOJ violated their rights under the CVRA by failing to adequately consult with them before entering into the settlement agreement with Boeing.
- Breach of Settlement Terms: If Boeing fails to comply with the terms of the settlement agreement, such as by failing to implement safety reforms or pay the agreed-upon compensation, the DOJ or other parties could seek to enforce the agreement or pursue further legal action against Boeing. In fact, in May 2024, the DOJ determined that Boeing had violated the terms of the 2021 settlement by failing to make promised changes to detect and prevent violations of federal anti-fraud laws.
- Judicial Review: Courts can review settlement agreements to ensure they are fair, reasonable, and in the public interest. In the Boeing 737 MAX case, Judge Reed O’Connor of the U.S. District Court in Texas has played a significant role in overseeing the settlement and considering challenges from the victims’ families. While Judge O’Connor approved the DOJ’s request to dismiss the criminal case against Boeing, he also expressed strong criticism of the government’s handling of the matter, stating that Boeing’s crime could be considered “the deadliest corporate crime in U.S. history.”
Recent Legal Developments
The legal saga surrounding the Boeing 737 MAX crashes continues to unfold. Here are some key recent developments:
- Emergency Appeal: In November 2025, families of the victims filed an emergency writ of mandamus with the U.S. Court of Appeals for the Fifth Circuit, seeking to overturn a federal judge’s decision to dismiss the criminal charge against Boeing. The families argue that the DOJ violated their rights and that the decision denies accountability and public safety.
- DOJ’s Position: While the DOJ has acknowledged shortcomings in its consultation with the victims’ families, it has maintained that the settlement agreement with Boeing is in the best interest of justice. However, the DOJ’s stance has been met with skepticism and criticism from legal experts and the families themselves.
- Civil Trials: While Boeing has settled most of the wrongful death lawsuits filed by the victims’ families, some cases have proceeded to trial. In November 2025, a jury in federal court in Chicago ordered Boeing to pay more than $28 million to the family of a United Nations environmental worker who was killed in the Ethiopian Airlines crash.
The Role of Lawyers and Legal Representation
Navigating the complex legal landscape surrounding the Boeing 737 MAX settlements requires skilled and experienced legal representation. Lawyers can help victims’ families understand their rights, assess their legal options, and advocate for their interests in court. They can also provide guidance on pursuing claims for damages, challenging settlement agreements, and seeking accountability from Boeing and other responsible parties.
Seeking Justice and Accountability
The Boeing 737 MAX crashes serve as a stark reminder of the importance of aviation safety and corporate accountability. While financial compensation can provide some measure of relief to the victims’ families, it cannot fully compensate for the loss of their loved ones. The pursuit of justice and accountability remains a central goal for many families, who seek to ensure that Boeing is held responsible for its actions and that steps are taken to prevent similar tragedies from occurring in the future.
The Future of Aviation Safety
The Boeing 737 MAX crashes have had a profound impact on the aviation industry, leading to increased scrutiny of aircraft design, certification, and pilot training. Regulators around the world have implemented new safety measures and oversight procedures to prevent future accidents. As the legal battles surrounding the crashes continue to unfold, they will undoubtedly shape the future of aviation safety and corporate responsibility.
Can a Settlement Be Challenged?
While it is difficult to say definitively whether the settlements can be challenged, the families of the victims are exploring all options to achieve justice.
Call to Action
If you or a loved one has been affected by the Boeing 737 MAX crashes, it is essential to seek legal advice from an experienced aviation accident attorney. A qualified attorney can help you understand your rights, assess your legal options, and pursue the compensation and justice you deserve. Contact our firm today for a free consultation.