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Business Entities Keyed to Chiappinelli
In re The Boeing Company Derivative Litigation
Citation:
2021 WL 4059934 (Del. Ch. Sept. 7, 2021)Facts
A 737 MAX airplane manufactured by The Boeing Company crashed in October 2018, killing everyone onboard; a second one crashed in March 2019, to the same result. Investigations have revealed that the 737 MAX tended to pitch up due to its engine placement; that the software program was insufficiently explained to pilots and regulators. Boeing did not implement or prioritize safety oversight at the highest level of the corporate pyramid. None of Boeing’s board committees were specifically tasked with overseeing airplane safety. Airplane safety was not a regular set agenda item or topic at Board meetings. Further, the board did not have a means of receiving internal complaints about airplane safety. In both crashes, the software directed the plane down. The crashes caused the company and its investors to lose billions of dollars in value. Stockholders have come to this court claiming Boeing’s directors and officers failed them in overseeing mission-critical airplane safety to protect enterprise and stockholder value.
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