Opinion
103 EAL 2008, 104 EAL 2008.
June 1, 2009.
Petition Nos. 103 104 EAL 2008 for Allowance of Appeal from the Order of the Commonwealth Court.
Prior report: 941 A.2d 81.
ORDER
AND NOW, this 1st day of June, 2009, the Petition for Allowance of Appeal is GRANTED limited to the following issues:
1. Is federal preemption based upon choice-of-law preemption a waivable defense?
2. Are Petitioners' claims in this suit preempted, or are they preserved from preemption by the clarifying amendment to FRSA at 49 U.S.C. § 20106(b)?