The Kirby Family Partnership, a Boeing investor, on Monday filed a lawsuit in the Court of Chancery in Delaware, accusing the American airplane manufacturer of not taking any actions to investigate the safety of its 737 Max 8 plane until its second deadly crash.

A Boeing 737 Max 8 plane operated by Ethiopian Airlines crashed on March 10 after taking off from Addis Ababa, Ethiopia, at around 8:30 a.m. local time, killing all 157 people onboard. According to Ethiopian Airlines, contact with the plane was lost at 8:44 a.m., just a few minutes after it took off. On October 29, 2018, a Lion Air-operated 737 Max 8 crashed into the Java Sea just minutes after taking off from the Indonesian capital of Jakarta. All 189 people onboard were killed. 

The lawsuit filed Monday is an example of a derivative complaint, which is used by shareholders to hold corporate officials liable for accidents. The intent of derivative cases, unlike shareholder class action suits, is to change “corporate governance” rather than “recover losses from falling stock prices,” Reuters explained.

Two other derivative lawsuits against Boeing were also filed last month: one by the Kirby Family Partnership in Cook County, Illinois, where Boeing’s headquarters are located, and another in Delaware’s Court of Chancery by individual Boeing investor Arthur Isman. 

A Seattle law firm confirmed Friday that Boeing has settled four of the 46 cases by families of passengers who were on the Lion Air flight. Nine cases related to the Lion Air crash were also settled in Chicago Thursday, CBS reported.

The 737 Max 8 has been grounded for nine months. Last week, Boeing revealed that its jet is expected to return to commercial service in January.


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