... supports a reasonable inference ... that Congress did not attempt to preempt other matters.” Lorillard Tobacco Co., 533 U.S. at 541, 121 S.Ct. 2404 (citations omitted). This duty includes, where possible, following an agency’s regulation defining the scope of federal preemption. See City of New York v. FCC, 486 U.S. 57, 63-64, 108 S.Ct. 1637, 100 L.Ed.2d 48 (1988). Second, when determining whether federal legislation preempts state law, courts must look not only to the state law as written, but also to how it is interpreted and applied in a given factual setting. State laws of general applicability, while not necessarily preempted on their face, may nevertheless be preempted “as applied.” See Am. Airlines, Inc. v. Wolens, 513 U.S. 219, 226-28, 115 S.Ct. 817, 130 L.Ed.2d 715 (1995) (<HOLDING>); Alessi v. Raybestos-Manhattan, Inc., 451 U.S.
holding that labeling an airline unsafe would inevitably cost the airline future government contracts holding the illinois consumer fraud act preempted by the federal airline deregulation act to the extent the state law applied to airline frequent flier programs holding that the airline deregulation act preempts claims under the illinois consumer fraud and deceptive business practices act but does not preempt state breach of contract actions holding that congress did not intend to preempt state common law actions for personal injury based on the negligence of the airline or its employees holding a state workers compensation regime preempted by erisa to the extent state law applied to pension plans governed by federal law