The appeal has been filed in the U.S.Court of Appeals for the Fifth Circuit (23-10168).
I'm not going to try summarizing the legal argument or otherwise commenting on the likelihood of various possible outcomes . . . . . . . Not until I've read the brief in support, that is (and maybe not even then). Still, I can say, for anyone not following close enough along in the legal process to date, that the families of the crash victims are seeking reversal on appeal of the ruling by the trial court (Judge Reed O'Connor, U.S.D.C. Northern District of Texas) denying any reopening or other modification of the Deferred Prosecution Agreement. Recall, the District Court ruled that the families are within the scope and definition of "crime victims" for the applicability of the federal Crime Victims' Rights Act, and stated damning things about Boeing's crime - criminality which the company admits in the DPA, of course.
On the related thread that started with a focus on the criminal trial of a Boeing development or test pilot (M. Forkner), discussion has sprung up again about MCAS and the various wrong-doings by Boeing. There are a goodly number of "main points" in the sordid tale - which I'm pointing out because if the Court asked this SLF/attorney what I think it should rule - not a prediction, mind you, just my view- I'd say, "reverse the District Court, remand with instructions to stop-the-clock of the time period set forth in the DPA, and then...... Appoint a Special Master, and convene a big, encompassing, painful inquest into all the things done wrong by the company. Bring in all the reports, from Congress, the Inspector General, the specially-convened panels in the federal interagency, everything. There may no longer be a procedural posture for an actual criminal trial, but do the next best thing." Sure, the Federal Rules might not exactly provide for, might not contemplate, this sort of inquest conducted by a Special Master. But, consider, I think I read about some guy, a former federal bureaucrat I guess, who had a bunch of federal government papers, maybe classified ones included?, stored with his golf gear or something, in Florida I think, and the District Court judge involved there appointed a Special Master. Aren't the CVRA rights of 346 crime victims' families entitled to vindication even if by some creativity with the Federal Rules?
I'll show myself out, but not without hoping that justice, justice will be done.