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Filed 4/10/13 (unm
Boeing CEO Dennis Muilenburg (right) at the 2017 International Paris Air Show. (Joe Barloon) A Boeing whistleblower's new lawsuit is demanding that the airline giant cover its costs for any potential legal claims arising from the crashes of two 737 Max planes, one of which was operated by Ethiopian Air Lines on March 10. The action filed Tuesday in Cook County Circuit Court in Illinois accuses the Chicago-based manufacturer of continuing a "negligent, reckless and outrageous conduct" that caused Boeing to lose its good standing. The pilot is demanding damages for negligence, misrepresentation and a host of other business torts. The complaint alleges Boeing's failure to update its 737 Max planes with a safety feature called MCAS has resulted in crashes across the world, including the deadly March 10 crash that killed all 157 people on board the Ethiopian Airline jetliner. The two-year-old plane, a Boeing 737 Max 8, went down shortly after takeoff in a field in northwestern Ethiopia. The complaint filed by Chicago-based attorney Mark Geragos says the Ethiopian Airlines plane was at an airshow in Geneva at the time of the crash. Geragos says the plane was brought back to the show after the March 10 crash. He filed the suit on behalf of the Ethiopian Airlines pilot and his family. The suit alleges that just weeks after the crash, at a Boeing shareholder's meeting on April 23, chief executive Dennis Muilenburg made statements minimizing the safety of the aircraft. "Boeing knew it had produced a dangerously flawed aircraft which needed to be recalled and that the risk to those who fly it was too great. ... Yet, Boeing's CEO and President Dennis Muilenburg sold these planes and made materially false statements to shareholders about them," the suit reads. The same day of the crash, Geragos filed a class-action lawsuit in federal court in Seattle seeking to recoup damages for the families of passengers on the flight. The same day of the crash, Geragos filed a class-action lawsuit in federal court in Seattle seeking to recoup damages for the families of passengers on the flight. In response, Boeing said the 737 Max has been under continuous investigation by the U.S. Federal Aviation Administration and other authorities around the world and that it "has full confidence in the safety of the 737 MAX." "Our first priority is always the safety of the flying public," the statement added. "Boeing is reviewing the new lawsuit." The company has lost billions in market value since the crashes in October and March, including a steep one-day drop on March 12 after a U.S. official said the Ethiopian Airlines jetliner's "black box" had been recovered. The first crash occurred in October when a Boeing 737 Max 8 went down in the sea off Indonesia, five months after the same model of the plane came close to plunging into the Florida Everglades, killing everyone on board. The Ethiopian Airlines jetliner went down shortly after takeoff in a field in northwestern Ethiopia. "This is only a portion of the complaint," Geragos said in a statement, "we will be filing additional filings later." A U.S. official who spoke to The Associated Press said an analysis of data recovered from the black box indicated the Ethiopian Airlines jet had a new system, called MCAS, that pushes the nose of the plane down, but it's not clear if the pilots knew how to respond to the emergency. The jetliner crashed minutes after takeoff from Ethiopia's capital, Addis Ababa. Experts are still trying to determine exactly what went wrong before contact was lost with the jet. Safety experts and airlines are still trying to figure out the causes of the two crashes. Both Boeing and Ethiopian Airlines have said the investigation should take time. The Associated Press does not typically identify individuals who may be victims of sexual assault, but the woman at the centre of this case has spoken publicly about the alleged attack. A Boeing spokesperson said Thursday that the company had not been served with the suit and declined further comment. Geragos is a member of the legal team for Michael Jackson's doctor in the 2003 child molestation case and later represented the disgraced movie producer Harvey Weinstein, who is awaiting trial on charges he raped an actress. The 737 Max 8 aircraft that crashed in Ethiopia was manufactured in 2017, according to Geragos' complaint. Boeing received a certification for the airplane from the Federal Aviation Administration and was selling it to airlines, including El Salvador-based Avianca, which crashed in March shortly after takeoff. Geragos' suit accuses Boeing of "deliberately falsifying the safety of this aircraft and repeatedly concealing, suppressing and misrepresenting the nature, attributes and risks of the design and technology for use." Two years before the crashes, a pair of pilots on a Lion Air flight complained to the plane's air-safety monitor about problems with the plane's automation system. In those cases, Boeing fixed a flight-control system on the aircraft by reprogramming it to more normal settings. Boeing is still developing a software fix for another problem with MCAS, according to recent testimony from the company's head of commercial airplane development. The Lion Air plane crash that caused problems with the MCAS was similar to crashes that occurred in Indonesia, according to the plaintiffs in the Chicago lawsuit. More than 5.5 million Boeing 737 Max jets have been delivered, and the company has orders for another 4,361. Aaron Solomon and Chris Boyette of The Associated Press contributed to this report.