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Pennsylvania

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Paul v. PSP — Court vacates OOR dismissal but affirms denial of RTKL request under noncriminal investigation exemption

In a precedential opinion, the Commonwealth Court vacated the OOR’s procedural dismissal of a RTKL appeal, exercised de novo review rather than remanding, and affirmed the PSP’s denial of records relating to a noncriminal death investigation, holding that the noncriminal investigation exemption applied.

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Spallone v. PSP — Commonwealth Court holds Whistleblower Law claims against state agencies belong in its original jurisdiction

In an en banc published opinion, the Commonwealth Court holds that Whistleblower Law claims against Commonwealth agencies fall within its exclusive original jurisdiction and are not subject to the Section 761(a)(1)(v) exception for tort-like actions, resolving the question with binding precedent for the first time.

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Fick v. Bivens — Court declares simple assault is not a disqualifying offense for Act 235 lethal-weapons certification

In a published opinion, the Commonwealth Court declares that simple assault is not a crime of violence under Act 235 and that PSP exceeded its statutory authority by creating a regulatory catch-all allowing denial of lethal-weapons certification for “any other crime” beyond the enumerated crimes of violence.

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