We speak with a Partner at an aviation practice who advocates for 737 MAX crash victims. In the news, we look at the Azerbaijan and Jeju crashes, Boeing’s safety and quality-control plan update, Delta’s plan for an AI-rich future, and V-22 Osprey catastrophic failure risks. Also, favorite flybys from listeners.
Erin Applebaum is a partner in the aviation practice at Kreindler & Kreindler LLP, specializing in high-stakes litigation for passengers injured or killed in general aviation accidents and commercial airline disasters.
Erin has devoted her career to advocating for justice and fighting for the advancement of aviation safety. She serves on the Plaintiffs’ Executive Committee for the Ethiopian Airlines Flight 302 Boeing 737 MAX litigation. Erin is part of the legal team representing the 737 MAX crash victims in the federal criminal case against Boeing.
Erin updates us on the status of the 737 MAX crash civil litigation. The criminal case is ongoing but likely nearing an end. Boeing was found in violation of the deferred prosecution agreement but the judge rejected the negotiated plea deal. The families of the victims are unhappy because the criminal case focuses on the single charge of defrauding the FAA, and not on those who lost their lives.
Erin maintains a robust practice of litigating tort claims governed by the Montreal Convention, the global treaty governing international commercial flights. She teaches a popular aviation CLE course for other attorneys on how to litigate personal injury claims for international airline passengers. Erin has published a comprehensive update on the law governing international aviation claims in the highly respected legal journal of McGill University, “Annals of Air and Space Law.”
Erin serves as Co-Chair of the New York City Bar Association’s Aeronautics Committee, Vice Chair of the American Bar Association’s Aviation and Space Law Committee, and is an active member of the American Association for Justice and the International Aviation Women’s Association.
On December 25, 2024, an Azerbaijan Airlines ERJ-190 flying from Baku Azerbaijan to Grozny in Russia’s Chechnya crashed in Aktau Kazakhstan leaving 38 people dead. The plane diverted from Grozny due to dense fog and ultimately made an emergency landing an hour later in Grozny. On final approach, the Embraer lost altitude and impacted the ground off the runway. Twenty-nine people, including the cabin crew, survived. Thirty-eight, including the flight crew, did not
IATA Statement on Azerbaijan Airlines Flight 8243 says, in part:
“Civil aircraft must never be the intended or accidental target of military operations. The strong potential that Azerbaijan Airlines flight 8243 could have been the victim of military operations, as indicated by several governments including Russia and Azerbaijan, places the highest priority on conducting a thorough, transparent, and impartial investigation. The world eagerly awaits the required publication of the interim report within 30 days, in line with international obligations agreed in the Chicago Convention. And should the conclusion be that this tragedy was the responsibility of combatants, the perpetrators must be held accountable and brought to justice.”
See also:
Boeing provided an update of its plan to address systemic safety and quality-control issues, which included:
In One Year after Boeing Door Plug Incident, FAA Administrator Whitaker says “We have conducted an unprecedented number of unannounced audits; and we conduct monthly status reviews with Boeing executives to monitor progress. Our enhanced oversight is here to stay,”
By Seth Miller (@wandrme.paxex.aero on Bluesky.) Delta Air Lines CEO Ed Bastian described the airline’s future in his keynote presentation at CES in Las Vegas: A system powered by Generative Artificial Intelligence (GenAI) will predict where it can help travelers and provide assistance. Bastian described it as “A thread across your experience, a GenAI-powered assistant that anticipates your needs and provides recommendations.”
Delta also announced some major IFE content partnerships, including:
Video: CES 2025 Keynote with CEO of Delta, Ed Bastian
A Naval Air Systems Command (NAVAIR) system safety risk assessment found that the Bell Boeing V-22 Osprey fleet will continue to face a “serious” risk of catastrophic failure. This is despite actions to mitigate the failure of transmission gears due to an impurity in the X-53 steel used to make the gears, creating a weak point. The inclusions were estimated to result in a catastrophic failure frequency of seven per million flight hours. Serious risk is considered to be one failure per million flight hours.
True V-22 geeks will enjoy the technical details in the United States Air Force, Aircraft Investigation Board Report, CV-22B, T/N 10-0054.
The Jeju Boeing 737-800 was performing a flight from Bangkok to Muan in South Korea. The plane attempted to land with all gear up, slid down the runway, and impacted a concrete embankment about 300 meters (1000 feet) past the runway. The 737 burst into a fireball. Of the 175 passengers and six crew, two people were rescued alive, both cabin crew. The investigation is considering the possibilities of bird strikes and landing gear problems.
Video: Jeju Air back boxes stopped recording before flight crash
Mark Your Calendars: Cranky Dorkfest 2025 is September 13
The story behind the experimental collar worn by Luke Kuechly
From Brian’s most interesting flybys:
Video: TIME TO BUZZ THE TOWER – Edwards AFB Tower Flyby at USAF Test Pilot School
Max Flight, our Main(e) Man Micah, David Vanderhoof, and Max Trescott.