Supreme Court of Pennsylvania, 2009

Mastrocola v. Southeastern Pennsylvania Transportation Authority

Mastrocola v. Southeastern Pennsylvania Transportation Authority
Supreme Court of Pennsylvania · Decided June 1, 2009
601 Pa. 383; 973 A.2d 412; 2009 Pa. LEXIS 1045

Mastrocola v. Southeastern Pennsylvania Transportation Authority

Opinion of the Court

*384 ORDER

PER CURIAM.

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)?

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