Comair vs. Boeing: Quiet End to a High-Stakes Legal Dogfight

In a case that once threatened to shed more light on Boeing’s embattled 737 MAX program, the legal battle between the estate of South Africa’s Comair and the aerospace giant has come to a quiet end.

The two parties reached a confidential settlement, as confirmed in a recent filing in U.S. District Court in Seattle. Judge Ricardo S. Martinez officially cancelled the trial—originally set for October 6—after both sides informed the court of an out-of-court resolution. Details of the deal remain sealed.

The Backstory

Comair, once a British Airways franchisee and the parent of low-cost carrier Kulula.com, filed the lawsuit in February 2023. The airline accused Boeing of fraud and breach of contract tied to its ill-fated order for eight Boeing 737 MAX aircraft. It sought $83 million in damages, alleging Boeing misrepresented the aircraft’s safety and later refused to refund deposits after the global MAX grounding.

Comair, founded in 1946, entered provisional liquidation in June 2022 after 76 years of operations. Its legal team argued the MAX order helped tip the company over the edge financially, particularly as the jets were grounded following two high-profile crashes that killed 346 people in 2018 and 2019.

Boeing Fights Back

Boeing flatly denied wrongdoing and launched a counterclaim, arguing that Comair backed out of the deal and owed damages in return.

At the heart of the dispute was a so-called “letter of comfort” allegedly assuring Comair that deposits would be refunded if the deal fell apart. Boeing questioned the authenticity of the letter, pointing to contradictory language and metadata showing the document was created in 2024—years after it was supposedly written.

The discovery process grew heated. Boeing accused Comair of withholding key documents and failing to produce executives for depositions. Comair pushed back, calling Boeing’s demands excessive and saying it had met its obligations under the law.

Bigger Picture

This wasn’t Comair’s only legal maneuver. The company’s joint liquidators also filed a Chapter 15 case in U.S. Bankruptcy Court in New York as a vehicle to pursue Boeing in U.S. court. That case is still ongoing, with a hearing set for December 2025.

Meanwhile, back in South Africa, Comair’s liquidation remains incomplete. More than 2,200 creditors are waiting in line, and the estate can’t finalize distribution until legal issues—including this Boeing case—are fully resolved.

Final Thoughts

This settlement means Boeing avoids another courtroom battle that could have revived headlines about the MAX crashes and their aftermath. But for the families of Comair employees, creditors, and South African aviation history, the quiet ending offers little closure.

For Boeing, it’s another lawsuit off the table. For Comair, it may be one step closer to final liquidation. But questions remain—not just about the specifics of this deal, but about the broader legacy of the MAX program and the lasting damage to Boeing’s reputation