None
CY
Boeing Wins Fourth Circuit Appeal Over MAX 9 Shareholder Class Action
[]
Lawyer Monthly
Boeing has won a Fourth Circuit appeal overturning certification of a shareholder class action alleging that the aerospace group and several former officers misrepresented its commitment to aircraft safety before the Alaska Airlines 737 MAX 9 cabin-panel blowout.
Judge Brinkema certified a class covering investors who acquired Boeing shares between 7 January 2021 and 8 January 2024.
Its decision does not determine whether Boeing or its former officers made misleading statements, nor does it end the underlying securities case.
Gibson, Dunn & Crutcher argued the appeal for Boeing, with McGuireWoods and Sullivan & Cromwell also acting for the appellants.
The Boeing ruling confirms that a general description of damages will not satisfy Rule 23 without evidence showing how artificial inflation can be calculated throughout the class period.