*413 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)?