The lawyer for the families who lost loved ones in two Boeing crashes of 737 MAX jets argued on October 11, 2024, that the plea deal between the U.S. Department of Justice (DOJ) and Boeing should not be accepted by the federal district court judge in Texas who is overseeing the criminal matter against the aircraft manufacturing giant.

Paul Cassell, attorney for the families in this case and professor of the S.J. Quinney College of Law at the University of Utah, argued before U.S. Federal District Court Judge Reed O’Connor that the plea deal “rests on an airbrushed set of facts that conceals the truth about this case.” He went on to tell the court that the DOJ and Boeing set the terms of the plea deal as “non-negotiable” and were finalized without consulting the families who have been found to be victims under the federal Crime Victims’ Rights Act.

Cassell went on to say that the plea deal does not mention the 346 deaths in the two crashes five years ago and argued for the case to go to trial because the plea deal is “not an appropriate determination of remedial measures” to ensure that these planes that continue to fly are safe. “What fine is commensurate with a crime that kills 346 people?” he asked. Alternatively, Cassell argued that Judge O’Connor should reject this deal and have the parties return with an alternative plea deal that is fairer to the families and the flying public.

“The heart of the matter is that the parties are swallowing the gun,” Cassell said Friday morning. He also told the Court that Boeing failed to provide all relevant facts that go directly to the deadliest corporate crime in U.S. history. He pointed to the October 9, 2024, article in The New York Times, “Months Before Ethiopian Crash, Boeing Turned Aside Carrier’s Questions,” by Mark Walker and James Glanz, that revealed that Boeing failed to answer the chief Ethiopian pilot’s questions about the new MAX jet following the first crash in the Java Sea in October 2018. These emails also were not provided to Congress despite congressional officials asking for all pertinent information at several hearings in Washington, D.C. The article stated that answers to these questions could have avoided the second crash five months later.

The plea deal includes a fine that the families say is wholly inadequate to make a statement to Boeing and a monitor appointed by the Federal Aviation Administration (FAA) and approved by Boeing without family input. Cassell asked the court to reject the plea agreement with Boeing on nine grounds, including that it is too lenient given the criminal sentencing guidelines and that “it surreptitiously exonerates Boeing’s then-senior leadership.” The families are arguing for an independent monitor to be appointed by the court.

At least 14 family members from various countries were present at today’s hours-long arguments presented to Judge O’Connor. Susan Riffel of California, who lost her two sons, Melvin and Bennett, in the second crash, said following the hearing, “The 170,000 members of the ‘Boeing Family’ didn’t kill our sons; the Boeing executives did. … How is it counterproductive to have an independent monitor? Boeing’s business as usual isn’t working. The DOJ told us what they were planning to propose to Boeing and that it was a non-negotiable offer, and then they negotiated with Boeing. … We want those responsible to be held responsible. Not 170,000 workers, as suggested by the Boeing lawyer today. Boeing is not too big for justice.”

Her husband, Ike, who also attended the hearing, said:

“Our families come back to truth, justice, and accountability. … No one wants Boeing to fail, but we need to get the criminals out of the system. … It seems that DOJ just is interested in getting this case behind them.”

Chris Moore of Canada, who lost his daughter in the crash and who attended today’s hearing, said, “Boeing has always had the privilege of second changes and ‘do overs’ whether it is by way of the FAA’s lack of oversight and ability to assess airworthiness and risk properly or the Justice Department’s lack of integrity. My daughter Danielle and 345 other passengers never got a ‘do over’ after the brand new 737 MAX plane crashed due to Boeing’s criminal acts. The House’s final report found significantly more incriminating facts than the DOJ’s agreement stated. The deal is like Boeing’s MCAS certification plan: half-baked and noncompliant. The plea bargain rehashes the deferred prosecution agreement but leaves out the most important facts that tie the crime to the death of 346 people, for which Boeing should be held to account. The only way for this to occur is to conduct a criminal trial and let all the facts come to light.

“DOJ supported Boeing’s position of minimizing the loss and protection of information. The argument lacked factual support. Given the severity of this case, it should have mandated greater penalties and monitoring. … The DOJ is protecting Boeing’s image, assets, and mitigating its market losses. … The FAA failed to oversee Boeing engineering and production, and they need an independent set of eyes to oversee these areas at Boeing. The plea deal ignores this and the full picture of facts. The House has a more accurate picture of what happened, but the plea deal distorts this,” Moore said.

Nadia Milleron, who lost her daughter Samya in the crash and who also attended today’s hearing with her husband, Michael Stumo, said, “The Department of Justice said that the plea agreement is ‘reasonable and in the public interest,’ but it actually protects Boeing. The Department of Justice is supposed to represent the people of the United States, and by not holding Boeing accountable in any meaningful way, it allows for no consequences and, therefore, repeated bad behavior on Boeing’s part but also on the part of other executives who might threaten human life. Mark Philip, who argued for Boeing said that the FAA is the safety expert, and it is counterproductive to have a safety monitor that that would be conflicting. But actually the FAA needs the pressure of the criminal court to hold Boeing accountable and add additional pressure for safety. In the five years since the crash and this year also especially with the Alaska Air blowout, we can see that FAA oversight is inadequate. The public, through criminal accountability, has to assert greater pressure for safety.”

For further information, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or pammenaker@cliffordlaw.com.

Various family members who lost loved ones in the Boeing crash speak to the media following Friday’s hearing outside the federal courthouse in Fort Worth, Texas.

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U.S. Federal District Court Judge Reed O’Connor in Fort Worth, Texas, has set a hearing for Friday, October 11, at 9:00 a.m. in the U.S. District Court for the Northern District of Texas – Fort Worth Division to hear objections to a proposed plea deal from victims’ relatives in the criminal case against Boeing for the two 737 MAX8 crashes that killed 346 people.

The families’ objections to the plea deal gained additional support in the October 9 New York Times story, “Months Before Ethiopian Crash, Boeing Turned Aside Carrier’s Questions,” by Mark Walker and James Glanz, exclusively reporting that in late 2018, prior to the second crash in Ethiopia, high-level executives at Boeing refused to answer email questions from Ethiopian Airlines’ chief pilot about how to respond to activation of a new flight control system called MCAS – the very problem that would just months later lead to the second crash of ET Flight 302.

Reporters said these emails were not made available to U.S. congressional investigators. Relying on information that the families had originally filed under seal with Judge O’Connor, The New York Times stated, “[A]viation experts said the lack of additional information most likely contributed to the inability of the pilots to pull themselves out of a fatal nosedive once the flight control software system malfunctioned. … The emails stand in sharp contrast to Boeing’s initial efforts to suggest that the Ethiopian crash was partly the result of pilot error.”

The New York Times story goes on to report the families’ reaction to this news, quoting Naoise Connolly Ryan of Ireland, who, with her two young children, lost her husband, Mick Ryan, in the Ethiopian crash: “Ms. Ryan criticized Boeing for holding back safety information from airlines, calling it criminal and suggesting it could have prevented the Ethiopian crash. … Ms. Ryan said she did not know why the Justice Department had not dug deeper into the matter.”

Following the two crashes and a U.S. Department of Justice (DOJ) criminal investigation, in January 2021, Boeing entered a Deferred Prosecution Agreement (DPA) with the DOJ to resolve a criminal charge of conspiring to defraud the Federal Aviation Administration (FAA) about the safety of the Boeing 737 MAX. Then, in May 2024, the DOJ found that Boeing violated its promise in the DPA to improve the company’s safety protocols. The DOJ cited, among other problems, a January 2024 in-flight panel blowout on an Alaska Airlines 737 MAX jet built by Boeing.

In July, Boeing agreed to plead guilty to conspiring to defraud the FAA. The DOJ and Boeing presented a proposed plea agreement to Judge O’Connor for his review. The victims’ families, who have been found to be victims under the federal Crime Victims’ Rights Act, have objected to the proposed “sweetheart” plea deal, arguing in their objections that the DPA fails to include any provisions acknowledging the 346 deaths and generally fails to hold Boeing accountable for past consequences of its crime and to protect the flying public in the future.

Paul Cassell, attorney for the families in this federal case and professor of the S.J. Quinney College of Law at the University of Utah, said, “Today’s story confirms what the families have been saying for years: Senior executives at Boeing concealed safety issues with the 737 MAX, at congressional hearings and even from pilots who were trying to learn how to respond to those issues. Boeing hid those problems as part of its criminal conspiracy to defraud the FAA. And, sadly, the emails publicly released now for the first time confirm that one tragic consequence of Boeing’s lies was the crash of ET Flight 302, killing 157 passengers and crew.” He told The New York Times reporters that “Boeing put continuing its conspiracy of concealment ahead of passenger safety, killing all those on board.”

At Friday’s hearing, lawyers will ask Judge O’Connor for accountability from Boeing. This is only possible by not accepting the DOJ plea deal and putting Boeing executives on trial to find the full truth for the families and the flying public. Several family members of crash victims, including some traveling from other countries, are expected to appear at Friday’s 9 a.m. (CST) hearing in federal District Court in Fort Worth, Texas.

For further information, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or pammenaker@cliffordlaw.com.

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Long-time host Jon Amarilio is stepping back after six years and bringing in new voices, including Brammeier, to continue the show’s tradition of unscripted conversations about legal news, events, and stories.

Brammeier, former Chair of the CBA Young Lawyers Section, is one of six rotating hosts of the program that will offer commentary and discussion with guests from various legal backgrounds and cover a variety of legal topics. She brings her expertise in personal injury law, adding a fresh perspective to the podcast’s focus on engaging discussions for young lawyers.

To learn more about this podcast or to listen to Tracy’s first episode in which Jon Amarilio introduces the four new co-hosts, visit Passing the Gavel: Jon Amarilio Bids Farewell and Welcomes New Voices – Legal Talk Network.

For further information, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or pammenaker@cliffordlaw.com.

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Several judges received the organization’s Distinguished Service Award, including the Hon. Joy Cunningham, Illinois Supreme Court, First District; the Hon. Debra Walker, Illinois Appellate Court, First District; the Hon. Michael Chmiel, Chief Circuit Judge, McHenry County; and the Hon. Matthew Maurer (posthumously), Associate Judge, Sangamon County.

The IJF, the charitable arm of the Illinois Judges Association, was established in 2007 to fund educational, Civic, and scholarship projects that advance the rule of law, the legal profession, and the administration of justice. It encourages the participation of active and retired judges in these endeavors.

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The IBF’s mission is to ensure that low-income families have access to the justice system and offer aid to attorneys and their families during times of crisis. In 2024, the Foundation will distribute approximately $900,000 from its fundraising efforts to promote equal access to justice and support attorneys across the state.

Jay Edelson, founder and CEO of Edelson PC, was the 2024 Distinguished Award for Excellence honoree. His leadership in Illinois’s legal and philanthropic communities and his work in plaintiffs’ class and mass actions make him a shining star of the plaintiffs’ bar.

The event took place on October 18th at Chicago’s Old Post Office, 433 W. Van Buren, Chicago. The black-tie event featured a raffle and auction prizes.

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The Chicago Police Memorial Foundation is a non-profit organization dedicated to honoring the lives of fallen heroes through its support of the families of Chicago Police Officers who are killed or catastrophically injured in the line of duty. More than $20 million has been distributed to date.

Chicago’s police officers who will be honored in 2024 include Police Officer Luis M. Huesca, posthumously, and Officers Charles Villanova, Lashon Morris, Edwin Gramajo, and Gregory St. Louis. The recipients of the Golden Vest Award are Charlie Walker and Charles Attal.

The event will begin with a cocktail hour at 5:30 p.m. on October 23 at the Theater on the Lake, 2401 N. Lake Shore Dr., Chicago.

For further information, contact Events@CPDMemorial.org or call 312-499-8899.

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Paul Cassell, attorney for the families in this federal case and professor of the S.J. Quinney College of Law at the University of Utah, heads the team representing the victims of families killed in two Boeing crashes, with counsel from Clifford Law Offices of Chicago, Burns Charest of Dallas; Kreindler & Kreindler of New York; and Podhurst Orseck of Miami.

The team received a favorable result in their appeal against a U.S. judge’s decision not to reopen Boeing’s deferred prosecution agreement. The U.S. Court of Appeals for the Fifth Circuit affirmed the families’ status as crime victims and said their statutory rights must be upheld “at every stage of the court’s criminal proceedings.”

Various firms in several categories will also be honored for their work on November 14 at the Four Seasons Hotel in Washington, D.C. To view the entire list, click here.

GIR is an internationally trusted source of worldwide news, analysis, and data on the law and practice of cross-border investigations.

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 “I’m honored to be receiving this award from my alma mater,” Clifford said. “I remember those days well, and the education and disciplined training I received there have carried me throughout my life.”

Alumni awards will be presented at the school’s second annual fundraising event, A Night of Honor, Glory & Fame, held at 5:30 p.m. on December 7 at the Larry Tucker Marist Sportsplex, 12221 S. Ridgeland, Chicago. Proceeds from the event will support student financial aid.

The dinner dance will feature a silent auction, live auction, and paddle raising. For ticket and sponsorship information, contact Allie Bowles at 773-881-5311 or Bowles.allie@marist.net.

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Cosgrove will speak on “Proving Agency Against a Managed Care Organization Like Advocate” during the morning program, which has been approved for 4.25 hours of CLE credit. Other topics include informed consent, effective mediation use in difficult cases, and jury selection.

Cosgrove has obtained numerous record verdicts and settlements, including more than $84 million in verdicts and reported settlements in 2024 alone.

The program will be held at the Westin Chicago River North, 320 N. Dearborn, Chicago. Register for the seminar online or call 800-252-8501. The registration desk opens at 7:15 a.m., and a continental breakfast will be served.

The ITLA Medical Malpractice Trial Notebook, which consists of 18 chapters covering topics from HMO Liability to Bad Faith, will be available. It also includes an addendum with the latest citations and references in medical malpractice in Illinois. Clifford Law Offices’ partners Keith A. Hebeisen and Sarah F. King are editors of the Trial Notebook.

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Keith Hebeisen is a celebrated trial lawyer with forty years of experience in medical malpractice, product liability, transportation, and toxic tort cases. He became interested in being a lawyer “kind of late in the game,” he said, sharing his experience:

“When I graduated from college, I had no intention of going back to school. I had taken the LSAT and actually had a really good score on it, but I spent four years in the concrete construction business after I got out of college …in the early 1980s, when the economy was messed up, and construction dropped, I needed to figure out something else to do, and I ended up applying to law school….But early on, I really got torts into my system. I found it interesting learning about theories of liability and people receiving compensation when somebody harmed them through negligence. Then getting into how to prove these things with the rules of evidence, I really liked that.”

In his second year of law school at DePaul University, his professor introduced him to Bob Clifford, an associate at the Offices of Philip Corboy at the time, and ended up working with him as a law clerk. Under the mentorship of Clifford, along with other prominent attorneys such as Philip Corboy and Al Hofeld, Keith was exposed to different styles and was taught the value of working hard and always being prepared.

Keith has been with Clifford Law Offices since its inception in 1984. He shared that even after 40 years of medical malpractice representation, he learns something new about medicine in every case. Witnessing his work’s positive impact on people’s lives, he remains dedicated to his profession and always focused on the goal.

“I’d say there’s a common denominator in all my cases, which is that I do really care about what happens to my clients, and I try to do what’s right for them, even though sometimes it’s not what I would want to do for my ego. I try my hardest to tune out the noise and focus on the goal. I’m trying to accomplish the best I can for this client, no matter what.”
-Keith A. Hebeisen, Partner at Clifford Law Offices

As an active member and past president of the Illinois Trial Lawyers Association, Keith helps advocate for and against proposed legislation at the state capital in order to improve laws and policy. He stresses that we can’t take laws for granted and how important it is to stay involved and fight for our rights before they are stripped from us. Also serving on the Board of Governors of The American Association for Justice, he sees a direct relationship between state tort laws where trial bars are active and those that are not.

“You really can’t take this stuff for granted; politics are involved. If you’re not involved, things will come up out of nowhere and blindside you, and all of a sudden, you’ve got a big problem with the laws in your state. Rights get taken away, and then it’s really hard to get them back.”
-Keith A. Hebeisen, Partner at Clifford Law Offices

Keith also discussed trends affecting his practice, including how jurors are more open-minded in medical malpractice cases, citing the COVID-19 pandemic as an influence, saying how the pandemic led people to look at life differently, resulting in a greater willingness to hold more healthcare providers and institutions responsible.

Lawdragon’s Lawyer Limelights interviews highlight the careers of exceptional attorneys, providing a unique forum for the ultimate series for lawyer conversation.

Read Keith Hebeisen’s full interview on Lawdragon here.

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