Originally Posted by
Sallyann1234
In your opinion, are we now going to see prosecution of other individuals further up the management tree?
Unlikely, but with a few caveats.
First, a number of news articles have directly quoted a top-drawer aviation attorney currently a partner at one of the top international law firms (arguably the absolute top firm in the field). His view was further prosecutions derived from airplane crashes are unlikely, perhaps quite unlikely, absent evidence of real intentional, overt misconduct. Especially as Mr. Biglaw has represented clients in such matters as well as throughout the civil aviation legal portfolio, I'm referring to his (reported) opinion, before anything original of my own.
Then secondly, after trying to grasp the points raised in some posts recently about how and why the MAX isn't actually in compliance with the correct understanding of requirements .... with regard to trim difficulties and aerodynamic loading of some control surfaces (and as SLF/atty, I hope that's not a totally inaccurate overview) .... well, there's no legal means to challenge the recert or renewal of certification that I'm aware of, anyway. Not that it would do any good now, unless a "second round" of changes to MAX would be initiated. (....wake me up when we get there...)
So is there a lawsuit to be written, researched, planned and filed, against The Decline and Failure(s) of Boeing and those of the more senior people? I'm thinking that such a "day in court" must be entrusted to occur, if it is to occur at all, to a higher court than what our legal system provides and operates.
But that being said, what if Mr. Forkner, now shorn of smart-alecky texting habits, wishes to seek out restoration of his good name? A suit against Boeing, (A) would present all manner of discovery openings and legal maneuvering, and (B) might even unearth, uncover and otherwise expose the sort of intentional misconduct referred to by that big-time senior legal counsel noted earlier. Or something close to that level of direct evidence. (No doubt about it, I gotta git me a new bit, done chomped right on thru this here one....)