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By Karen Koehler
Senior Managing Partner

Just days before Boeing struck a plea deal on a federal fraud charge stemming from two crashes of 737 Max jetliners, it lashed out against fraud charges in the case of Berry et al v. Boeing et al brought by 37 passengers on flight 1282 who were injured when the 737 Max fuselage panel blew off mid flight.

In its July 3, 2024 motion to dismiss the fraud allegations in the Berry case, Boeing claimed it only engaged in “puffery” when it issued a 2015 Press release claiming it “would never compromise on our commitment to quality and compliance.”

Boeing also requested dismissal of fraud allegations involving Boeing’s safety culture and processes, other incidents, manufacturing omissions, and communications with regulators. Claiming the allegations were simply “non-actionable critiques,” “immaterial” or preempted.

Karen Koehler, one of the attorneys from the Stritmatter firm handling the case said:

All we could do was roll our eyes when Boeing invoked the “puffery” defense.  What a ridiculous position to take at the same moment when the company is supposed to be acting contrite for breaking federal criminal fraud law.  How can we trust that it is going to change corporate culture when it continues to double speak like this.

The Berry case filed in federal court is being handled by attorneys Karen Koehler, Andrew Ackley, Dan Laurence, Melanie Nguyen and Debbie Silberman.

About the Author
In the mid-2000’s an opponent told me that other defense attorneys were calling me The Velvet Hammer™”.   When asked why he said: because you smile so sweetly while you are hammering us into the ground.  I thought that was funny and adopted the name.