# Commonwealth, Department of Public Welfare v. Eisenberg

> Supreme Court of Pennsylvania · November 29, 1982 · 499 Pa. 530

URL: https://www.frixlaw.com/law-library/cases/9760126

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant, v. Irwin L. EISENBERG, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 29, 1982
- **Citations:** 499 Pa. 530; 454 A.2d 513; 1982 Pa. LEXIS 607
- **Precedential status:** Published
- **Opinion:** Concurrence by Flaherty
- **Judges:** O'Brien, Roberts, Nix, Larsen, Flaherty, McDermott, Hutchinson
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9760126

## Opinion text

FLAHERTY, Justice,
concurring.
I concur in the result reached by Mr. Justice McDermott, and his reasoning insofar as it denies appellee resort to equitable relief under the circumstance where appellee has not exhausted available statutory remedies, which, at least in the first instance, were not shown to be inadequate to remedy the underlying harm suffered, to wit, termination of appellee’s participation in the Pennsylvania Medical Assistance Program. In a proper case, however, in which due process is at stake and in which there is an inadequacy of the statutory remedy, equity would certainly have jurisdiction to intervene.
HUTCHINSON, J., joins.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9760126. Public record. Not legal advice.