A California federal judge has pared back—but not dismissed—the high-stakes Boeing Rolls-Royce Osprey Crash suit, ruling Monday that while claims of fraudulent misrepresentation and breach of contract don’t pass legal muster, allegations of negligent concealment and related claims will remain in play. The case stems from the June 2022 crash of a V-22 Osprey that claimed the lives of five U.S. Marines during a training mission.
Fraud and Contract Claims Cut
U.S. District Judge Benjamin J. Cheeks handed a partial win to Bell Textron Inc., Boeing Co. and Rolls-Royce Corp., who had urged the court to toss the amended complaint filed by the families of Marines John J. Sax, Seth D. Rasmuson, Nathan E. Carlson, Evan A. Strickland and Nicholas P. Losapio.
The judge found the fraud allegations “impermissibly lumped together” the three corporate defendants without detailing their individual roles or pinpointing when or how alleged misrepresentations occurred. Simply citing Boeing’s alleged false claims spanning 2007 to 2018 and a 2023 press release was not enough to show precision in pleading, Cheeks ruled.
