Family members from around the world traveled to New Orleans to hear arguments on Thursday, February 5, 2026, before a federal appeals court regarding the criminal case against Boeing in two deadly crashes of the 737 MAX8 jet.
More than a dozen family members were present in the courtroom, and many reacted with great hope that the three-judge panel of the Fifth Circuit will overturn the decision of the district court in Texas that dismissed criminal charges against the manufacturing giant in the two fatal crashes involving the Boeing 737 MAX8 jet seven years ago and remand the case back to the trial district court. The U.S. Department of Justice brought criminal fraud charges against the aviation manufacturing giant for defects in the faulty aircraft fleet, but later entered into a non-prosecution agreement that has been dismissed by U.S. District Court Judge Reed O’Connor in Texas.
“The panel was clearly troubled by the government saying there was no remedy when they violate our rights. And if the government wins, this will be their playbook in all future crime victims’ rights cases. Deny rights, and then say oops, and then keep denying rights, which makes the Crime Victims’ Rights Act meaningless. We are hopeful that the judges will defend the public and crime victims through their decision,” said Nadia Milleron of Massachusetts, mother of Samya Rose Stumo, 24, who was killed in the second crash of the Boeing jet that crashed shortly after takeoff from Ethiopia’s airport.
“The born of contention in this case is the family question as to how the Department of Justice was able to reach the conclusion that Boeing’s Senior Management did not orchestrate the fraud related to the 737 MAX8 crashes. The three judges today seemed astute with respect to the case. I feel that there wouldn’t be meaningful accountability without a trial. So I hope the appeals judges can rule to allow Judge O’Connor to make a determination as to whether the criminal case against Boeing should proceed to trial,” said Paul Njoroge of Canada, who lost his entire family in the Boeing crash of ET302 in Ethiopia. His wife, Carolyne, and three small children, ages 6, 4, and 9 months old, the youngest on the plane, were killed in the tragedy. Njoroge also lost his mother-in-law in the crash.
Paul Cassell, attorney for the families and Professor of the S.J. Quinney College of Law at the University of Utah, on behalf of 31 families who lost loved ones in two crashes of Boeing 737 MAX8 jets argued before the Fifth Circuit Court of Appeals in New Orleans today asking the three-judge panel to overturn the district court’s previous order dismissing the criminal case against the aircraft giant. A recording of the oral argument can be heard online here.
The judges clearly were familiar with the facts of the case and asked all parties’ attorneys many questions to clarify the issues before the Fifth Circuit. The court concluded by saying it would take it under advisement and render a decision as soon as possible.
Cassell vehemently argued before the Fifth Circuit panel Thursday that the Boeing criminal case be remanded back to District Court Judge O’Connor to decide if the families’ rights under the Crime Victims’ Rights Act were upheld in giving the families an unfettered right to confer with the Department of Justice before it entered into a deferred prosecution agreement with Boeing. “I asked the judges to enforce their rights under the federal Crime Victims’ Rights Act to unfettered conferral with the Department of Justice officials as to how it came to their decisions, particularly in absolving any responsibility of Boeing executives involving the crashes of two Boeing jets that killed 346 people,” Cassell said following the 45 minutes of arguments before the court. Cassell, in addition to a lawyer for the DOJ and another for Boeing, presented arguments and answered questions before the court.
Cassell, with a team of pro bono lawyers, authored extensive briefs on behalf of those who lost loved ones in two fatal crashes of Boeing 737 MAX8 jets. He petitioned the federal appeals court to reverse the recent decision of U.S. District Court Judge Reed O’Connor in Fort Worth, Texas, who dismissed the criminal conspiracy charge against Boeing for the crashes that killed 346 people seven years ago. Cassell argued that the Justice Department has continued to violate the federal Crime Victims’ Rights Act by not conferring reasonably with the families before moving to drop all the charges against Boeing. Cassell is now asking the Fifth Circuit to set aside the latest non-prosecution agreement (NPA) between the Justice Department and Boeing, as well as the earlier negotiated deferred prosecution agreement (DPA), because the families want a trial in court. The families were found to be crime victims under the federal Crime Victims Act.
“The X-Law Group and our client’s family, the loved ones of Andrea Manfredi, stand firmly behind Professor Paul Cassell and the extraordinary work he has undertaken to ensure that the voices of the victims are not silenced. Professor Cassell has shown unwavering dedication, integrity, and courage in confronting a process that has too often prioritized corporate and governmental convenience over accountability and justice,” said Filippo Marchino of California-based The X-Law Group, who represents a number of victims’ families in the first crash of the Boeing 737 Max8 aircraft. “The Manfredi family stands with the other affected families from around the world because they refuse to accept a system where Boeing’s admitted misconduct can be resolved behind closed doors, without transparency, without meaningful consultation, and without the trial that the law and basic fairness demand. They have profound faith that the Court of Appeals will recognize the serious malfeasance that has occurred — not only by Boeing, but by government actors who sought to extinguish criminal responsibility without honoring the rights of those left behind. For Andrea’s family, this case is not about headlines or settlements — it is about truth, justice, and ensuring that no corporation, no matter how powerful, can escape accountability for conduct that cost 346 innocent lives. They remain hopeful that the Fifth Circuit will restore the rule of law and reaffirm that crime victims are entitled to be heard, respected, and treated as participants in justice — not obstacles to it.”
Sanjiv Singh, counsel for 16 Lion Air Families, commented, “Professor Cassell’s arguments were presented today comprehensively and compellingly for the appellate court. The voice of the victims has been heard through his advocacy–and now the question will be what the appellate court will actually do to right this injustice.”
The families had argued before U.S. District Court Judge O’Connor that the Department of Justice’s NPA was orchestrated in violation of the Crime Victims’ Rights Act because the prosecutors did not reasonably confer with the families and concealed important provisions in the agreement. Their petitions also argued that, in moving to dismiss the charges, the DOJ failed to hold Boeing and its then-corporate leadership accountable for causing the deaths of 346 passengers and crew. Cassell also argued on behalf of the families that the government’s NPA with Boeing would not provide sufficient oversight of Boeing’s manufacturing facilities and failed to account for the fact that Boeing’s criminal behavior was found to have caused the deaths of 346 crash victims.
Boeing’s CEO and its lawyers had admitted to the deadly fraud in a deferred prosecution agreement reached four years ago, and what has been described as the deadliest criminal fraud in U.S. history.
More than a dozen family members were in attendance in person when Cassell asked the judge to reject the DOJ’s agreement with Boeing not to prosecute the aircraft manufacturer for criminal fraud. On Nov. 6, 2025, Judge O’Connor found that the families’ arguments were “compelling,” but he reluctantly concluded he had no choice but to approve the dismissal.
The first crash occurred on October 29, 2019, shortly after takeoff in the Java Sea from Indonesia, killing all 189 aboard. The second crash of the same type of jet occurred months later, on March 10, 2019, shortly after takeoff from Ethiopia’s airport, killing all 157 on board. A new anti-stall system on the planes, of which pilots were never told or trained, automatically caused the nose of the plane to push downward.
In January 2021, the DOJ charged Boeing with conspiracy to defraud the FAA in its certification of the defective MAX8 aircraft and reached a deferred prosecution agreement with Boeing.
In May 2024, following the blowout of an unsecured door plug aboard an Alaska Airlines 737 MAX, the DOJ found that Boeing had breached the deferred prosecution agreement by not putting in place appropriate corporate compliance and safety measures. In July 2024, the DOJ and Boeing reached a deal in which Boeing was to plead guilty. The families objected to the terms as not punitive enough, and in December 2024, Judge O’Connor rejected that deal. Now he has agreed with the DOJ’s position, setting up the appellate challenge in the Fifth Circuit.
Professor Cassell commented: “The only fair and just outcome in this case is a jury trial, where Boeing’s guilt for causing the deaths of 346 people can be transparently decided. The victims’ families deserve to justice being done in this important criminal case.”
For further information, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell).