Advocating for 737 MAX Crash Victims

We speak with a Partner at an aviation practice who advocates for 737 MAX crash victims. In the news, we look at the Azerbaijan and Jeju crashes, Boeing’s safety and quality-control plan update, Delta’s plan for an AI-rich future, and V-22 Osprey catastrophic failure risks. Also, favorite flybys from listeners.

Guest

Erin Applebaum is a partner in the aviation practice at Kreindler & Kreindler LLP, specializing in high-stakes litigation for passengers injured or killed in general aviation accidents and commercial airline disasters. 

Erin has devoted her career to advocating for justice and fighting for the advancement of aviation safety. She serves on the Plaintiffs’ Executive Committee for the Ethiopian Airlines Flight 302 Boeing 737 MAX litigation. Erin is part of the legal team representing the 737 MAX crash victims in the federal criminal case against Boeing.

Erin updates us on the status of the 737 MAX crash civil litigation. The criminal case is ongoing but likely nearing an end. Boeing was found in violation of the deferred prosecution agreement but the judge rejected the negotiated plea deal. The families of the victims are unhappy because the criminal case focuses on the single charge of defrauding the FAA, and not on those who lost their lives.

Erin maintains a robust practice of litigating tort claims governed by the Montreal Convention, the global treaty governing international commercial flights. She teaches a popular aviation CLE course for other attorneys on how to litigate personal injury claims for international airline passengers. Erin has published a comprehensive update on the law governing international aviation claims in the highly respected legal journal of McGill University, “Annals of Air and Space Law.” 

Erin serves as Co-Chair of the New York City Bar Association’s Aeronautics Committee, Vice Chair of the American Bar Association’s Aviation and Space Law Committee, and is an active member of the American Association for Justice and the International Aviation Women’s Association.

Aviation News

Russian Air Defence System Caused Azerbaijan Airlines Plane Crash

On December 25, 2024, an Azerbaijan Airlines ERJ-190 flying from Baku Azerbaijan to Grozny in Russia’s Chechnya crashed in Aktau Kazakhstan leaving 38 people dead. The plane diverted from Grozny due to dense fog and ultimately made an emergency landing an hour later in Grozny. On final approach, the Embraer lost altitude and impacted the ground off the runway. Twenty-nine people, including the cabin crew, survived. Thirty-eight, including the flight crew, did not

IATA Statement on Azerbaijan Airlines Flight 8243 says, in part:

“Civil aircraft must never be the intended or accidental target of military operations. The strong potential that Azerbaijan Airlines flight 8243 could have been the victim of military operations, as indicated by several governments including Russia and Azerbaijan, places the highest priority on conducting a thorough, transparent, and impartial investigation. The world eagerly awaits the required publication of the interim report within 30 days, in line with international obligations agreed in the Chicago Convention. And should the conclusion be that this tragedy was the responsibility of combatants, the perpetrators must be held accountable and brought to justice.”

See also:

• Accident: Azerbaijan E190 near Aktau on Dec 25th 2024, lost height and impacted ground after being shot at
• EU issues new alert for planes flying in Russian airspace

Boeing Shares Details of Safety Plan One Year After Door Plug Incident

Boeing provided an update of its plan to address systemic safety and quality-control issues, which included:

• Reducing 737 fuselage assembly defects at Spirit AeroSystems through increased inspection and a customer quality approval process; 
• Addressing more than 70% of the action items from employee feedback
• Managing traveled work at final assembly with “move ready” criteria
• Adding hundreds of hours to employee quality and safety training programs
• Performing random quality audits of documented removals
• Mapping thousands of governance documents and work instructions for revision.
• Strengthening the Speak Up program to ensure whistleblower confidentiality and keep employees informed about the status and resolution of their reports.

US FAA will maintain enhanced oversight of Boeing after door panel incident

In One Year after Boeing Door Plug Incident, FAA Administrator Whitaker says “We have conducted an unprecedented number of unannounced audits; and we conduct monthly status reviews with Boeing executives to monitor progress. Our enhanced oversight is here to stay,” 

Delta hypes GenAI, new content partners in 2025 CES keynote

By Seth Miller (@wandrme.paxex.aero on Bluesky.) Delta Air Lines CEO Ed Bastian described the airline’s future in his keynote presentation at CES in Las Vegas: A system powered by Generative Artificial Intelligence (GenAI) will predict where it can help travelers and provide assistance. Bastian described it as “A thread across your experience, a GenAI-powered assistant that anticipates your needs and provides recommendations.”

Delta also announced some major IFE content partnerships, including:

• YouTube will provide “highly curated” ad-free content on personal devices and seatbacks that will include music, podcasts, and regular videos.
• Retired quarterback Tom Brady will host a video series called “Well Traveled.” 
• DraftKings will provide “gaming” offerings on the in-seat IFE.

Video: CES 2025 Keynote with CEO of Delta, Ed Bastian

V-22 Ospreys will face ‘serious’ risks from flawed gears for the foreseeable future

A Naval Air Systems Command (NAVAIR) system safety risk assessment found that the Bell Boeing V-22 Osprey fleet will continue to face a “serious” risk of catastrophic failure. This is despite actions to mitigate the failure of transmission gears due to an impurity in the X-53 steel used to make the gears, creating a weak point. The inclusions were estimated to result in a catastrophic failure frequency of seven per million flight hours. Serious risk is considered to be one failure per million flight hours.

True V-22 geeks will enjoy the technical details in the United States Air Force, Aircraft Investigation Board Report, CV-22B, T/N 10-0054.

Crash: Jeju B738 at Muan on Dec 29th 2024, gear up landing and overrun

The Jeju Boeing 737-800 was performing a flight from Bangkok to Muan in South Korea. The plane attempted to land with all gear up, slid down the runway, and impacted a concrete embankment about 300 meters (1000 feet) past the runway. The 737 burst into a fireball. Of the 175 passengers and six crew, two people were rescued alive, both cabin crew. The investigation is considering the possibilities of bird strikes and landing gear problems.

Black boxes’ from crashed South Korean plane stopped recording about four minutes before disaster, officials say

Video: Jeju Air back boxes stopped recording before flight crash

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