MASTROCOLA v. Southeastern Pennsylvania Transportation Authority

973 A.2d 412 (2009)

Thomas MASTROCOLA, Chris & Michelle Hammel, h/w and Michelle Mc-Donald and Wardlaw & Joyce Hall, h/w and John & Peggy Weston, h/w, Petitioners
v.
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Respondent.

No. 103 & 104 EAL 2008.

Supreme Court of Pennsylvania.

June 1, 2009.

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)?