Fourth Circuit reverses class certification in Boeing 737 MAX investor suit

A Fourth Circuit panel reversed the certification of an investor class in a suit alleging that Boeing misrepresented its commitment to safety and manufacturing quality from 2021 until the January 2024 Alaska Airlines Flight 1282 door-plug incident. Applying Comcast Corp. v. Behrend, the court held that investors seeking class certification must present a class-wide damages method that fits their theory of liability rather than a generic formula.

Why it matters. In federal courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina, investors seeking class certification now face a more demanding damages showing.