The Boeing Company, which had been the world’s leader, is now the second largest airline manufacturer in the world behind Airbus. According to government statistics, Boeing aircraft have been involved in nearly 6,000 aviation accidents and incidents worldwide. Of those, 415 were fatal accidents, resulting in over 9,000 deaths.
On March 21, 2022, a Boeing 737-800 plane operating as China Eastern Airlines Flight 5735 crashed in southern China. Authorities say the plane began losing altitude at 30,000 feet then entered a steep nosedive and crashed into terrain - Read our blog for more details
After two devastating commercial plane crashes in 2018 and 2019 that killed 346 people, The Boeing Company paid more than $2.5 billion for defrauding the U.S. Federal Aviation Administration (FAA). The total resolution included a criminal penalty of $243.6 million. Another $1.7 billion was allocated for airlines that purchased 737 MAX aircraft to make up for lost revenue when the aircraft was grounded during a lengthy investigation. The remaining $500 million went into a fund to help compensate the families of those killed in the Lion Air Flight 610 crash in 2018 and the Ethiopian Airlines Flight 302 crash in 2019.
Boeing issued an apology for the crashes. Former CEO Dennis Muilenburg admitted that the automated flight control system on the two 737 MAX aircraft played a role in the tragedies. According to Muilenburg, “it’s apparent that in both flights the Maneuvering Characteristics Augmentation System, known as MCAS, activated in response to erroneous angle of attack information.”
In November of 2021, Boeing agreed to acknowledge responsibility for the ET302 crash in lawsuits filed by surviving families. Under the agreement, Boeing admitted that the “737 MAX had an unsafe condition, and that it will not attempt to blame anyone else" for the fatal Ethiopian Airlines crash.
Boeing and the United States government secretly negotiated a Deferred Prosecution Agreement (DPA) without input from the families of the victims of the Lion Air and Ethiopian Airlines crashes. The purpose of the DPA, apparently, is to allow Boeing to get away with its apparently criminal neglect of its responsibility to ensure its airplanes are safe, without severe criminal penalties. Families of victims are challenging the DPA pursuant to the provisions of the Crime Victims Rights Act, and demanding that they be heard, and their views considered, before a court agrees to the proposed agreement.
Aviation attorneys from the national law firm of Wisner Baum represented several families who lost loved ones in the Lion Air JT610 crash and the ET302 crash and support the effort to demand effective criminal sanctions for the failure of Boeing to prioritize safety over profits, resulting in the deaths of 346 people.
“Boeing could have and should have communicated known safety issues to the FAA, but they didn’t. Hundreds of people died because Boeing chose profit over people.”
– Aviation Attorney Clay Robbins III
Investigations into these preventable tragedies noted that Boeing has a “disturbing pattern of technical miscalculations and troubling management misjudgments” relating to its safety record on the 737 MAX aircraft. While the 737 MAX litigation may seem like an outlier, the truth is Boeing aircraft have been involved in numerous aviation accidents and incidents over the years.
Wisner Baum aviation attorneys have represented hundreds of claimants in lawsuits against Boeing. If you are interested in vindicating your legal rights, please contact us or call (310) 207-3233 today. We offer free and confidential case evaluations.
Wisner Baum has a proven track record in cases against major airlines and The Boeing Company stemming from preventable plane crashes and other incidents. Since 1990, our case history involving Boeing aircraft includes:
Wisner Baum’s Complete Airline Crash Case History
The Boeing Company is an American aerospace company that designs, manufactures, and sells planes, rotorcraft, satellites, missiles, rockets, and telecommunications equipment. It is the largest exporter in the U.S. by dollar value and is the third-largest defense contractor in the world.
In 2021, Boeing was listed as the fourth-largest defense contractor in the United States. Roughly 25% of the company’s 141,000 employees works in the commercial airplanes department, which is responsible for designing, assembling, marketing, and selling commercial jets to airlines around the world. The commercial airplane department also provides product maintenance and training to its customer base.
While airline accidents are rare, Boeing aircraft have been involved in many over the last few years. In 2018, there were 41 total commercial flight accidents, and of that total, 18 involved Boeing 737s, more than any other plane. That same year, several Boeing 737s ran off runways, landed short of runways, or had their tails strike the ground. Prior to the worldwide grounding of the MAX, the aircraft had a fatal accident rate of one in every 200,000 flights. According to investigative reporter Peter Robison, that fatal accident rate represented “a frequency not seen since the early days of the jet age.” Robison notes that a Boeing executive found that one in 25 MAX airplanes experienced some kind of safety issue in the months after delivery.
The crashes of ET302 and JT610, along with the investigations that followed, damaged Boeing’s reputation in the aviation community. The global ban on the 737 MAX aircraft, which lasted nearly two years, cost Boeing billions. In addition to the $2.5 billion settlement with the U.S. Justice Department, a federal grand jury indicted a top pilot formerly with the company for deceiving the FAA and “scheming to defraud” Boeing’s airline customers. In November, of 2021, the company also settled a lawsuit filed by shareholders alleging Boeing failed to properly oversee the company and allowed lapses that led to the 2018 and 2019 crashes.
Robison’s book, ‘Flying Blind’, notes that Boeing’s downfall can be traced to a shift from a company that decades ago invested in new aircraft and valued engineering pedigree to a company whose sole obsession was stock market investors. Per Robison, Boeing “executed what today might be called the standard corporate playbook: anti-union, regulation-light, outsourcing-heavy,” which essentially valued profit above all else, including human lives.
"Boeing is not the same as it was two years ago but they have more to work to do.” - FAA chief Steve Dickson (Nov. 2021)
Since the beginning of the commercial jet era, Boeing has manufactured and sold more than 20,000 planes. The company currently has thousands of pending orders for its 737 MAX aircraft and other models.
Boeing Planes in Production
Model | Total Built | Capacity | First Flight | Variants (Previous and Current) |
737 | 10,478 | 85-215 | 1967 | 737-100, 737-200, 737-300, 737-400, 737-500, 737-600, 737-700, 737-800, 737-900, 737 MAX 7, 737 MAX 8,
737 MAX 9, 737 MAX 10 |
747 | 1,548 | 467-605 | 1969 | 747-100, 747SR, 747-100B, 747SP,
747-200, 747-300, 747-400, 747 LCF, 747-8 |
767 | 1,135 | 180-375 | 1981 | 767-200, 767-2C, 767-200ER, 767-300,
767-300ER, 767-300F, 767-400ER |
777 | 1,584 | 301-550 | 1994 | 777-200, 777-200ER, 777-200LR,
777-300, 777-300ER, 777 Freighter, 777-300ER Special Freighter, 777X |
787 | 789 | 210-330 | 2009 | 787-8, 787-9, 787-10, BBJ 787 |
Boeing Planes in Service (No Longer in Production)
The following data from AirSafe represents fatal accidents involving Boeing aircraft. The criteria for a “fatal event” includes circumstances where at least one passenger on a Boeing air flight died from causes directly related to the operation of that aircraft. This includes deliberate acts by another passenger, crew member, or someone not on the aircraft (i.e. sabotage, hijacking, or military action). Excluded in the data are circumstances in which the only deaths were hijackers, saboteurs, or stowaways.
Model | Fatal Events |
Boeing 737 (All Models) | 83 |
Boeing 727 | 51 |
Boeing 737-100 / 200 | 50 |
Boeing 747-100 / 200 / 300 / SP | 26 |
Boeing 737-300 / 400 / 500 | 19 |
Boeing 737-600 / 700 / 800 / 900 | 12 |
Boeing 757 | 9 |
Boeing 767 | 6 |
Boeing 737 MAX 7 / 8 / 9 / 10 | 2 |
Boeing 747-400 | 2 |
As of 2021, there are 577 different airlines flying more than 9,600 Boeing planes throughout the world. The following U.S. airlines have purchased the most Boeing aircraft:
Current Fleet: 853 aircraft
Boeing Planes in Fleet:
United Airlines has been Boeing’s best customer in the U.S. Since purchasing Boeing’s 707 in 1959, United Airlines has purchased over 1,850 Boeing aircraft. While the airline does own and operate roughly 210 Airbus planes, Boeing jets represent the overwhelming majority of aircraft in United’s fleet.
The airline utilizes several models, from the 767-300ER to the 737 MAX. United is currently waiting on pending orders from Boeing for:
Current Fleet: 737
Boeing Planes in Fleet:
Southwest Airlines has purchased more than 1,200 Boeing planes in its history. Since it began flying commercial flights in 1971, the low-budget airline has flown all of the classic 737 models. According to Southwest Airlines CEO Gary Kelly, the airline remains strongly committed to the Boeing 737 MAX aircraft despite the safety issues unearthed during the Lion Air and Ethiopian Air crashes.
According to Simple Flying, as of 2021, Southwest has nearly 350 MAXs on order (150 MAX 7s and 200 MAX 8s).
Current Fleet: 897
Boeing Planes in Fleet:
American Airlines is the world’s largest airline by fleet. Since 1958, American has purchased more than 1,088 Boeing planes. In 2011, the airline placed an order with Boeing for 200 737s. Half of that order changed to 737 MAX 8s in 2013.
According to Simply Flying, Boeing planes represent a little more than half of the jets in American’s fleet. American has pending orders for another 102 aircraft from Boeing. The airline also flies Airbus planes.
In addition to United Airlines, Southwest Airlines, and American Airlines, the following air carriers fly Boeing 737 MAX aircraft:
Airline | Plane | In Fleet | To Be Delivered |
9 Air | MAX 8 | 1 | 3 |
Aeromexico | MAX 8, MAX 9 | 18 | 10 |
Air Canada | MAX 8 | 28 | 11 |
Air Changan | MAX 8 | 2 | |
Air China | MAX 8 | 16 | 15 |
Air Europa | MAX 8 | 2 | |
Alaska Airlines | MAX 9 | 8 | 6 |
Batik Air Malaysia | MAX 8 | 3 | |
Belavia | MAX 8 | 1 | 4 |
Blue Air | MAX 8 | 4 | 1 |
Buzz | MAX 200 | 6 | 2 |
Caribbean Airlines | MAX 8 | 4 | |
China Eastern Airlines | MAX 8 | 3 | 4 |
China Southern Airlines | MAX 8 | 24 | 25 |
Corendon Airlines | MAX 8 | 1 | 2 |
Donghai Airlines | MAX 8 | 3 | |
Eastar Jet | MAX 8 | 2 | 4 |
Enerjet | MAX 8 | 3 | |
Ethiopian Airlines | MAX 8 | 4 | 4 |
Flair Airlines | MAX 8 | 8 | 5 |
flydubai | MAX 8, MAX 9 | 21 | 5 |
Fuzhou Airlines | MAX 8 | 2 | 2 |
GECAS | MAX 8 | 7 | 2 |
GOL Transportes Aéreos | MAX 8 | 16 | 7 |
Hainan Airlines | MAX 8 | 11 | 3 |
Icelandair | MAX 8, MAX 9 | 9 | 1 |
Korean Air Lines | MAX 8 | 5 | |
Kunming Airlines | MAX 8 | 2 | 4 |
Lion Air | MAX 8 | 9 | 4 |
LOT - Polish Airlines | MAX 8 | 5 | 7 |
Lucky Air | MAX 8 | 3 | 4 |
Malta Air | MAX 200 | 14 | 2 |
NordStar Airlines | MAX 8 | 3 | |
Okay Airways | MAX 8 | 2 | 2 |
Oman Air | MAX 8 | 8 | 4 |
Royal Air Maroc | MAX 8 | 2 | 2 |
Ryanair | MAX 200 | 8 | 23 |
S7 - Siberia Airlines | MAX 8 | 2 | 6 |
Shandong Airlines | MAX 8 | 7 | 9 |
Shanghai Airlines | MAX 8 | 11 | 9 |
Shenzhen Airlines | MAX 8 | 5 | 10 |
Singapore Airlines | MAX 8 | 6 | 8 |
Smartwings | MAX 8 | 7 | 11 |
SpiceJet | MAX 8 | 13 | 15 |
Sriwijaya Air | MAX 9 | 1 | |
SunExpress | MAX 8 | 6 | |
Turkish Airlines | MAX 8, MAX 9 | 24 | 1 |
Ural Airlines | MAX 8 | 2 | |
Urumqi Air | MAX 8 | 3 | |
UTair Aviation | MAX 8 | 3 | |
Xiamen Airlines | MAX 8 | 10 | 18 |
The worldwide grounding of the MAX model caused a 20% reduction in MAX production at Boeing. Nevertheless, it is estimated that Boeing will deliver roughly 40 aircraft per month to fulfill standing MAX orders.
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"Wisner Baum gave exceptional attention to all aspects of the case, detailed inquiry, and tenacious overview of all the information submitted. The paralegals are efficient and diligent. I was completely surprised to find an empathic personal message to take care of my own health during the challenging time of being a full-time caretaker.*"
In May of 2019, the jury in the case of Pilliod et al. v, Monsanto Company ordered the agrochemical giant to pay $2.055 billion in damages to the plaintiffs, Alva and Alberta Pilliod, a Bay Area couple in their 70s. R. Brent Wisner served as co-lead trial attorney for the Pilliods, delivering the opening and closing statements and cross-examining several of Monsanto’s experts. Wisner Baum managing shareholder, Michael Baum and attorney Pedram Esfandiary also served on the trial team in the Pilliod case.
The judge later reduced their award to $87M. Monsanto appealed the Pilliod’s verdict which the California Court of Appeal for the First Appellate District denied on August 9, 2021. Monsanto then requested the California Supreme Court review the appeal’s court decision, which the court denied on Nov. 17, 2021. Monsanto (Bayer) then submitted a petition for a writ of certiorari with the U.S. Supreme Court which SCOTUS denied on June 27, 2022, allowing the final judgment of $87M to remain intact.
$289.2 million jury verdict in Monsanto Roundup trial
Wisner Baum co-represented Dewayne “Lee” Johnson in the first Roundup cancer lawsuit to proceed to trial. On Aug. 10, 2018, a San Francisco jury ordered Monsanto to pay $39.25 million in compensatory damages and $250 million in punitive damages to Mr. Johnson, a former groundskeeper who alleged exposure to Monsanto’s herbicides caused him to develop terminal non-Hodgkin lymphoma.
Months after the jury verdict, the judge overseeing the trial reduced the punitive damages to $39.25 million. Mr. Johnson decided to accept the remittitur, bringing the adjusted amount awarded to Mr. Johnson $78.5 million.
Monsanto (Bayer) appealed the verdict and Johnson cross appealed. On July 20, 2020, the First Circuit Court of Appeals upheld the verdict against Monsanto but reduced Mr. Johnson’s award to $20.5 million. The company chose not to take the case to the U.S. Supreme Court, ending the litigation.
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.