* Shareholders accused Boeing ( BA ) of concealing safety
warnings
* Judge finds common means to measure damages
* Boeing ( BA ) paid $2.5 billion to settle with US government
* Boeing ( BA ) not available for comment
By Jonathan Stempel
March 17 (Reuters) - A federal judge certified a
shareholder class action accusing Boeing ( BA ) of concealing
safety deficiencies in its 737 MAX planes before two crashes
that killed 346 people in 2018 and 2019.
In a decision on Monday, U.S. District Judge Franklin
Valderrama in Chicago said shareholders who owned Boeing ( BA ) stock
between November 7, 2018 and October 18, 2019 may sue as a group
because they demonstrated a common means to measure damages. The
class period ended two months earlier than shareholders wanted.
Class actions can allow greater recoveries at lower cost
than individual lawsuits. The shareholders are led by a group of
pension funds and private investors.
Boeing ( BA ) faces a separate class action in the Alexandria, Virginia
federal court, claiming it overstated its commitment to safe
aircraft prior to the January 2024 mid-air cabin panel
blowout on an Alaska Airlines 737 MAX 9.
Neither Boeing ( BA ) nor its lawyers immediately responded to
requests for comment on Tuesday. Salvatore Graziano, a lawyer
for the shareholders, declined to comment.
Shareholders accused Boeing ( BA ) of rushing development of the
737 MAX, ignoring safety warnings from employees, and misleading
the Federal Aviation Administration about the plane's safety
because it feared losing market share to Airbus, whose
A320 series is the 737's main competitor.
They sued the Arlington, Virginia-based company following
the deaths of 189 people in a Lion Air crash in October 2018,
and 157 people in an Ethiopian Airlines crash in March 2019.
Shareholders wanted the class period to end on December 16,
2019, saying Boeing's ( BA ) temporary suspension of MAX production
that day exposed the company's "unrealistic" timeline to resume
flights. Boeing ( BA ) objected, saying it was already known the plane
would be out of service until 2020.
The class period ends on a day the market learned that the
MAX's chief technical pilot Mark Forkner expressed concern in
2016 that an automated system on the plane was "running
rampant."
In January 2021, Boeing ( BA ) agreed to pay more than $2.5 billion to
resolve a U.S. Department of Justice criminal charge it
conspired to defraud the FAA about the MAX's safety.