RMFifthcircuitNov 21, 2022

CA5 (Oldham) holds that a class suing Boeing for hiding the defects in the Max 737 lacks constitutional standing because they weren't hurt. In fact, says Judge Oldham, concealing the Max's defect probably lowered ticket prices!

https://drive.google.com/file/d/1A98SU2xWI2Rz-18kZ-M28wme5mVH-LWA/view?usp=sharing

Show threadRMFifthcircuit
One of the only injuries the class alleged, Oldham says, is that prices were too high because the defect was hidden (i.e., you'd have paid less to fly on a crappy plane). But, Oldham asserts, it's really the opposite. /2
Nov 21, 2022 at 7:15pmWeb
Show threadRMFifthcircuitNov 21, 2022
Finally, it looks like congrats due to Willy Jay and @[email protected] of Goodwin, who I *think* were representing Boeing here.
Show threadRMFifthcircuitNov 21, 2022

In case anyone wants to hear where Judge Oldham raised this argument at oral argument, you can listen at 31:00

https://www.ca5.uscourts.gov/OralArgRecordings/21/21-40720_7-5-2022.mp3