that defense. Because the defendants’ defense of federal preemption does not dictate the choice of forum, we agree with the plaintiff that the defendants waived the special defense of federal preemption by failing to plead it or object to evidence that related to the issue. See Saks v. Franklin Covey Co., 316 F.3d 337, 349 (2d Cir. 2003) (“[i]n [International Longshoremen’s Assn. v. Davis, 476 U.S. 380, 106 S. Ct. 1904, 90 L. Ed. 2d 389 (1986)], the [United States] Supreme Court made clear that preemption issues that dictate the choice of forum are jurisdictional and therefore may not be waived, but expressly stated that this rule does not extend to preemption issues that affect the parties’ choice of law”); Piekarski v. Home Owners Savings Bank, F.S.B., 956 F.2d 1484, 1489 (8th Cir.) (<HOLDING>), cert. denied, 506 U.S. 872, 113 S. Ct. 206,
holding that failure to brief an argument constitutes waiver holding failure to brief argument constitutes waiver holding that failure to raise issue in brief constitutes waiver of appeal of the issue holding that appellants failure to raise preemption argument until posttrial motions constitutes waiver of defense holding that failure to raise an issue until it is brought up at oral argument constitutes a waiver