Cochran v. Emory University

Although I greatly empathize with the plaintiff’s plight, I am constrained by binding precedent to agree with the trial court’s conclusion that judicial estoppel bars plaintiff’s claim. Ignoring the clear guidance given by this Court in prior decisions, plaintiff’s counsel failed for months to reopen and amend her bankruptcy petition even after she clearly had a cause of action for her injury and after Emory University moved for summary judgment on the grounds of judicial estoppel. Therefore, I feel it is necessary to write separately to emphasize certain points.

*740Two cases are painfully clear…