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The
plane was involved in two crashes that killed 346 people over a
five-month period and led to the plane's grounding in March
2019.
The Seafarers Pension Plan filed a lawsuit alleging that current
and former Boeing officers and board members made false and
misleading statements about the 737 MAX in proxy materials from
2017 through 2019. The suit seeks damages from these people on
behalf of the company.
A U.S. District Court judge previously dismissed the lawsuit,
which was filed in U.S. District Court in Chicago, applying a
Boeing bylaw that gave the company the right to insist claims be
filed in a Delaware state court. In a 2-1 decision, the U.S.
Court of Appeals for the 7th Circuit on Friday reversed the
lower court ruling.
Filing the suit in a federal court in Chicago, where Boeing is
headquartered, "seems appropriate for the case," the majority
wrote. The Delaware court does not have jurisdiction over the
federal claims at issue, the ruling said.
Boeing declined to comment.
The 737 Max crisis cost Boeing more than $20 billion and
grounded the plane for 20 months. The 737 MAX only returned to
service after the company made significant software and training
improvements.
In November, Boeing current and former company directors reached
a $237.5 million settlement with shareholders in a separate
lawsuit over the board's 737 MAX safety oversight.
Boeing agreed to a $2.5 billion deferred prosecution agreement
with the U.S. Justice Department in January 2021 stemming from
the 737 MAX crashes.
(Reporting by David Shepardson and Jonathan Stempel; editing by
Jonathan Oatis and Cynthia Osterman)
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