Court dismisses passengers lawsuit against Boeing and Southwest over the 737 MAX

Agustín Miguens

Boeing 737 MAX 8 Southwest Airlines

Early yesterday, a federal appeals court dismissed a class-action lawsuit against Boeing and Southwest Airlines, which were singled out for allegedly covering up design problems that led to the two deadly crashes involving 737 MAX aircraft, The Dallas Morning News reported.

The lawsuit, which was initially filed in 2019, is one of the largest class actions brought by consumers. According to the filing, Southwest was aware of defects in the MCAS system, developed by Boeing for the 737 MAX.

According to the plaintiffs, the Dallas-based low-cost carrier, launch customer for the 737 MAX 8, allegedly collaborated with the manufacturer to withhold information from the United States Federal Aviation Administration (FAA) during the certification process. In this regard, they claim that customers travelled on unsafe aircraft without knowledge of the actual situation.

Moreover, consumers claim that both Southwest and American Airlines overcharged for tickets. They also say that prices for services operated by 737 MAX aircraft would have been lower if the truth had been known.

In its initial response, Southwest had said the allegations were «completely unfounded».

Andrew Oldham, the judge in charge of the case, said the plaintiffs’ request was without merit. In his opinion, «they complained of a past risk of physical harm to which they were allegedly exposed because of the defendants’ fraud». Furthermore, Oldham added that «in sum, plaintiffs have not plausibly alleged any concrete injury».

See also: FAA asks Boeing to review and complete documents submitted to achieve 737 MAX 7 certification

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