Boeing Moves to Block LOT’s Revised 737 Max Damages
Boeing has asked a US federal court to exclude a revised USD8.4 million damages claim submitted by LOT Polish Airlines in their ongoing lawsuit over compensation linked to the grounding of the B737 MAX.
In an emergency motion filed on February 10, 2026, at the US District Court for the Western District of Washington in Seattle, Boeing argued that LOT introduced a new damages report at the “eleventh hour,” less than two weeks before trial. The manufacturer claims the updated filing amounts to an ambush, leaving insufficient time to review or respond before proceedings begin on February 17.
Boeing is requesting that Judge Ricardo S Martinez exclude the February 5 report prepared by LOT’s damages expert, Samuel Engel, and limit his testimony to an earlier report dated May 28, 2025. According to Boeing, the revised submission increases LOT’s total claimed damages from USD195.2 million to USD203.6 million. The additional USD8.4 million comprises USD1.7 million in what Engel described as elevated operational costs and USD6.7 million in pre-judgment interest.
The US manufacturer contends that LOT previously indicated it would not seek pre-judgment interest before the jury. Boeing also argues that expert disclosures closed in September 2024 and that any supplemental filings were due no later than 30 days before trial. By submitting the revised report on February 5, Boeing maintains that LOT missed even the most generous interpretation of the disclosure deadline.
LOT filed its lawsuit against Boeing in October 2021, seeking USD250 million in damages. The airline alleges that Boeing made false representations and omissions regarding the safety and airworthiness of the B737-8. LOT claims it was led to believe the MAX was safe and comparable to the earlier B737 Next-Generation model, influencing its decision to lease the aircraft instead of acquiring additional NGs or Airbus A320neo jets.
The complaint references the Manoeuvring Characteristics Augmentation System (MCAS), a flight control software implicated in the fatal crashes of Lion Air Flight 610 in October 2018 and Ethiopian Airlines Flight 302 in March 2019. Following those accidents, regulators worldwide grounded the MAX for nearly two years.
LOT argues the grounding forced it to cancel flights, compensate passengers, retain staff, and secure replacement capacity, resulting in substantial financial losses. The case remains pending as the trial date approaches.
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Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com