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Boeing: Directors to face investor lawsuit
over fatal crashes
- The 737 Max was cleared to fly again late last year, after being grounded since March 2019
Boeing's board of directors must face a lawsuit from shareholders over two
fatal crashes involving its 737 Max plane, a US judge has ruled.
Morgan Zurn said the first crash was a "red flag" about a key safety system
on the aircraft "that the board should have heeded but instead ignored".
He said the real victims were those who died and their families but
investors had also "lost billions of dollars".
Boeing said it would "consider next steps".
In his ruling the Delaware judge said: "While it may seem callous in the
face of [the families'] losses, corporate law recognizes another set of victims:
Boeing as an enterprise, and its stockholders.
"Stockholders have come to this court claiming Boeing's directors and
officers failed them in overseeing mission-critical airplane safety to protect
enterprise and stockholder value."
- Boeing to pay $2.5bn over 737 Max conspiracy
- Boeing 737 Max: What went wrong?
The crashes in Indonesia and Ethiopia in 2018 and 2019 killed all 346
people on board, leading to the 737 Max being grounded around the world.
Investigations later found a flaw in an automated flight control system,
known as MCAS, was at fault.
In January, Boeing paid $2.5bn to settle criminal charges it concealed
information about changes to MCAS from safety officials, contributing to the
crashes.
But it still faces civil lawsuits from families along with the latest
action from shareholders.
On Tuesday, Vice Chancellor Zurn dismissed some of the investors' claims,
including one regarding a decision to award former chief executive Dennis
Muilenburg a $60m retirement package after he was fired.
However, the judge said another claim about board member oversight could go
ahead. Shares in the plane maker slumped following the accidents and are yet to
fully recover.
A Boeing spokesperson said: "We are disappointed in the court's decision to
allow the plaintiffs' case to proceed past this preliminary stage of
litigation.
"We will review the opinion closely over the coming days as we consider
next steps."
The Max was cleared to fly in the US in November 2020, and in Europe and
Canada in January this year. It remains grounded in China.
The crashes have already cost Boeing about $20bn in fines, cancelled orders
and other costs.
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