authority: The Supremacy Clause of Art. VI of the Constitution provides Congress with the power to pre-empt state law. Pre-emption occurs when Congress, in enacting a federal statute, expresses a clear intent to preempt state law, when there is outright or actual conflict between federal and state law, where compliance with both federal and state law is in effect physically impossible, where there is implicit in federal law a barrier to state regulation, where Congress has legislated comprehensively, thus occupying an entire field of regulation and leaving no room for the States to supplement federal law, or where the state law stands as an obstacle to the accomplishment and execution of the full objectives of Congress. Louisiana Pub. Serv. Comm’n v. upp. 385, 387-388 (E.D.Tenn. 1988) (<HOLDING>); Chesapeake & O. Ry. v. City of Bridgman, 669
holding the frsa preemption exception did not cover regulation by municipal ordinance holding that frsa and regulation did not preclude plaintiffs fela ballast claims holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption holding that municipal ordinance was preempted by frsa and void under supremacy clause holding removal and preemption are distinct concepts erisa preemption does not allow removal unless complete preemption exists