Comair, Boeing Reach Settlement in 737 Max Dispute

Comair (South Africa) and Boeing have reached an out-of-court settlement over a lawsuit in which the defunct airline’s estate sought USD83 million in damages related to its purchase of eight Boeing 737-8 MAX aircraft. The terms remain confidential, according to a filing in the US District Court for the Western District of Washington.

Judge Ricardo S. Martinez confirmed on August 1, 2025, that the parties had settled, cancelling the scheduled October 6 trial and all pending motions. Settlement papers are due by September 15. Comair, a former British Airways franchisee and operator of Kulula Air, filed the case in February 2023, alleging Boeing misled it about the safety of the 737 MAX and refused to return deposits after the aircraft was grounded worldwide following two fatal crashes.

Boeing denied wrongdoing and counterclaimed for damages, questioning the authenticity of a “letter of comfort” Comair said promised refundable deposits. Boeing also defended its deletion of certain employee records, saying no litigation was foreseeable at the time.

The case involved disputes over evidence production and depositions, with both sides accusing the other of withholding information. Comair’s liquidation process, overseen by joint liquidators, has been extended pending resolution of legal claims, including this settlement.

The dispute stemmed from the global grounding of the 737 MAX after crashes in 2018 and 2019 that killed 346 people. Boeing declined to comment on the settlement, and Comair’s liquidators said they have not yet received the agreed amount, with other legal matters still outstanding before the final liquidation.

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Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com