Boeing Sued By Customer Over 737 MAX


The Russian airline leasing company Avia Capital Services filed a lawsuit in Chicago on Monday accusing Boeing of “negligent actions” and demanding its order for 35 737 MAX aircraft be canceled. Avia is also suing for return of its $35 million deposit, $75 million in lost profits, $115 million in compensatory damages and a further sum in punitive damages. 

The Financial Times first reported the lawsuit and said that, according to Avia’s lawyers, Boeing offered the firm compensation but it was not enough. According to a report on CNN, the aircraft were originally due to be delivered to Avia between 2019 and 2022, but the agreement had previously been adjusted to begin deliveries in 2022 and conclude in 2024. Now Avia wants out completely.

Avia attorney Steven Marks said that “we’re seeking damages for fraud and misrepresentation because Boeing intentionally misrepresented that it was going to provide a properly certified and airworthy aircraft.” Marks told the Financial Times that “I think you will see a number of other operators filing suit in coming months. This will be the first of many to come.”

So far, U.S. airlines have publicly stood behind Boeing and the MAX design even as they have to keep aircraft beyond their intended retirement date in order to keep up with summer travel. They have canceled thousands of flights since the grounding in March and have had to roll out older, less-efficient aircraft to fill in the schedules.

Meanwhile, Reuters is reporting that American Airlines’ Senior Vice President of Customer Experience Kerry Philipovitch told reporters today that the airline is “confident” that the 737 MAX will be in service this year.

Marc Cook
KITPLANES Editor in Chief Marc Cook has been in aviation journalism for more than 30 years. He is a 4000-hour instrument-rated, multi-engine pilot with experience in nearly 150 types. He’s completed two kit aircraft, an Aero Designs Pulsar XP and a Glasair Sportsman 2+2, and currently flies a 2002 GlaStar.

Other AVwebflash Articles


  1. Am I also sensing the disconnect between common sense and ROI here yet again?

    I’m glad they feel confident. Public confidence is quite another thing that lasts years. 787 was a good case study to see how long it took for people to feel comfortable on an airplane that had the wrong lithium batteries installed.

    The problem is deeper than a few high grades expressing their confidence while earning a solid salary. The problem runs further back and much broader as gangrene in all other industries. A 737 MAX fix is a drop in a fire. It doesn’t get to the bottom of the problem in the end.

  2. As a pilot who started flying in 1951, and 25,000 + hours in practically every airplane and over 4,000 in all of the 737, there is very little WRONG with the Max.

    The real problem is the third world has very few real pilots.
    I agree there should have been 2 AOA systems but when things start going to crap, TURN EVERYTHING OFF AND FLY THE DAMN AIRPLANE.
    Today there are only button-pushers who really don’t know how to fly a plane.