Boeing’s Lion Air crash suits may move to Indonesia
A federal judge in Chicago signalled he may let dozens of suits against Boeing Co over the crash of a Lion Air plane be resolved in Indonesia.
United States District Judge Thomas Durkin said during a status hearing on Thursday that US Supreme Court and appellate court rulings appear to support the idea of a venue change.
“The law is pretty favourable to move this case,” said Durkin. “I haven’t decided the motion, but plaintiffs” should read case law that set precedent on when and whether similar cases could be moved to a foreign jurisdiction, he said.
The suits stem from a crash that killed 189 people in Indonesia shortly after takeoff Oct 29 last year. The company also faces claims from an Ethiopian Airlines crash in Africa, which killed killed 157 in March.
Where the claims are litigated will influence settlement talks, which have been taking place with a mediator since July, according to the judge. Durkin said the case couldn’t move forward until he ruled on the venue.
Boeing has said in court filings it plans to make a formal request for a change of venue, though one has yet to be made. The company argues that because the aircraft was maintained in Indonesia and piloted by Indonesians, the cases belong there.
Almost 60 suits have been filed on behalf of 153 family members or estates of the Lion Air victims. Their attorneys have argued that because the aircraft was manufactured in the US, the cases should be litigated in Chicago, where Boeing is based.
So far, 19 cases have settled, Boeing lawyer Mack Schultz Jr told the judge, adding that the company is committed to negotiating in good faith.
Lawyer Austin Bartlett, who is representing several claimants, said it was “highly unlikely” that the cases would be resolved during talks.
A status hearing was scheduled for Nov 21.
Meanwhile, delivery delays to Boeing’s 777X jetliner were holding back Emirates’ growth and could partially affect the Gulf carrier’s broader fleet requirements, said Emirates president Tim Clark on Thursday.
Dubai-based Emirates has 150 of the 350-400-seat model on order, of which eight were originally slated for delivery next year, and has yet to firm up orders for 40 of Boeing’s mid-size 787 jets.
The world’s largest operator of long-haul aircraft is also in talks to complete an order for 70 Airbus jets, with both negotiations in focus ahead of the Dubai Airshow next month.