Boeing is facing accusations of deliberately obstructing the discovery process in a lawsuit over its 737 MAX and 787 aircraft. The plaintiffs, which include subsidiaries of Norwegian Air, have filed a motion to compel Boeing to produce documents and appoint a special discovery master, citing months of delays and evasive tactics by the manufacturer.
The motion, filed in the U.S. District Court for the Western District of Washington on Thursday, alleges that Boeing has failed to respond adequately to discovery requests dating back to July 2024. According to the plaintiffs, Boeing initially responded only with “boilerplate objections” and a statement that it believed discovery was unwarranted due to its pending motion to dismiss the case.
“Boeing’s pattern of stonewalling and delay jeopardizes the Parties’ ability to complete discovery under even the extended case schedule that Boeing has proposed,” the filing states. “Moreover, Plaintiffs have significant concerns about Boeing’s good faith compliance with discovery obligations, given what appears, in this and related cases, to be the Boeing playbook of repeated delay, resistance, and obfuscation.”
Despite repeated attempts by the plaintiffs to move the discovery process forward, Boeing allegedly continued to delay, failing to produce documents or provide clear information about what it would agree to produce. The motion claims that Boeing did not begin producing any documents until January 2025, nearly six months after the initial requests were served.
The plaintiffs argue that Boeing has waived its right to object to the discovery requests by failing to assert timely, specific objections as required by the Federal Rules of Civil Procedure. They also accuse Boeing of attempting to unilaterally narrow the scope of discovery by limiting searches to specific aircraft rather than the types of aircraft at issue in the case.
In their motion, the plaintiffs are asking the court to strike Boeing’s objections, order immediate production of responsive documents, and appoint a special discovery master to oversee the process. They argue that Boeing’s tactics have significantly prejudiced their ability to prepare their case, which alleges fraudulent misrepresentations about the safety and reliability of Boeing aircraft.
The case stems from the well-publicized issues with Boeing’s 737 MAX aircraft, which was grounded worldwide in 2019 following two fatal crashes. The plaintiffs claim that Boeing’s alleged fraud induced them to purchase and lease its aircraft, leading to substantial financial losses.
The court has yet to rule on the motion. A Boeing spokesperson did not immediately reply to AirlineGeeks’ request for comment.
