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3998 REVIEW DENIED The Airline Deregulation Act of 1978 pre-empts state law in an action against an air carrier for damage to cargo and for the carrier's bad faith in handling such a claim; damages in a state action for breach of an air carrier's contractual obligation regarding cargo may not include damages that were not part of the bargain struck by the parties, such as "Brandt damages" (i.e., attorney fees incurred in seeking compensation withheld in bad faith by the carrier) or punitive damages.CitationPOWER STANDARDS LAB v FEDERAL EXPRESS (Air Carrier Pre-emption) 127 CA4 1039 [See: 49 USC 41713(b)(1); Morales v TWA 504 US 374; American Airlines v Wolens 513 US 219; Brandt v Superior Court 37 C3 813]
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