Boeing (BOE, Washington National) is seeking to block LOT Polish Airlines (LO, Warsaw Chopin) from introducing what it calls an "eleventh hour" USD8.4 million damages report at the US District Court for the Western District of Washington in an ongoing lawsuit over compensation for grounded B737 MAX aircraft.

In an emergency motion filed in Seattle on February 10, 2026, Boeing argued that the airline had submitted the revised damages report (based on nearly a year of additional documents) at the last minute, in what amounted to an "ambush just before trial" as the OEM was left with insufficient time to review it or respond, less than two weeks before trial.

It is asking Judge Ricardo S Martinez to exclude LOT’s February 5 report from the airline’s damages expert, Samuel Engel, and to limit his testimony to a previous report dated May 28, 2025. The trial in the case is scheduled to begin on February 17.

Boeing said that Engel’s latest report increases LOT’s total claimed damages from USD195.2 million to USD203.6 million. The additional USD8.4 million includes USD1.7 million in what the expert describes as "elevated operational costs" and USD6.7 million in pre-judgment interest.

Boeing argued that LOT previously told both the court and the company that it did not intend to present a pre-judgment interest calculation to the jury.

The OEM said expert disclosures in the case closed in September 2024 and that any supplemental disclosures were due, at the latest, 30 days before trial. By filing the revised report on February 5, Boeing said, LOT missed even the most "generous reading" of its deadline by more than two weeks.

LOT's complaint

LOT Polish Airlines sued Boeing in October 2021, seeking USD250 million in compensation over what it alleges were false representations and omissions about the safety and airworthiness of the B737-8.

In its complaint, LOT alleges Boeing rushed the B737-8 to market to protect its share of the single-aisle aircraft market, prioritising profit over safety and customer interests. The airline claims Boeing misled it into believing the MAX was safe, airworthy, and essentially the same as the earlier B737 Next-Generation model, prompting LOT to acquire the MAX instead of additional NG or A320neo aircraft.

LOT alleges Boeing concealed key design changes, including the addition of the Manoeuvring Characteristics Augmentation System (MCAS), a flight control software system that did not exist on prior B737 models. The complaint says MCAS relied on data from a single angle-of-attack sensor and could force the aircraft into a dive without pilot input if triggered by faulty data.

After two fatal crashes, Lion Air Flight 610 in October 2018 and Ethiopian Airlines Flight 302 in March 2019, regulators grounded the MAX for nearly two years. LOT says the grounding forced it to cancel flights, compensate passengers, continue paying employees, and secure less suitable replacement aircraft, causing substantial financial losses.

The airline contends it would not have entered into lease agreements for the MAX had it known the aircraft was not airworthy, and alleges Boeing is liable for damages resulting from what it describes as deliberate and negligent misrepresentations and omissions.

The case is Polskie Linie Lotnicze LOT SA v. The Boeing Co., case number 2:21-cv-01449.

LOT currently operates twenty-four B737-8s, all sourced from various lessors, with six more on order, according to ch-aviation fleets data.

Boeing has declined to comment, while LOT was not immediately available for comment.