Cardozo Law Review de•novo
Volume
2026
First Page
58
Last Page
92
Publication Date
2026
Document Type
Note
Abstract
This Note examines jurisdiction over state torts that arise during a bankruptcy proceeding. Recently, the Ninth Circuit permitted a collateral attack on a state court judgment regarding malicious prosecution in Cogan v. Trabucco. The Ninth Circuit held that federal courts have exclusive jurisdiction over malicious prosecution actions and that abuse of process state torts are completely preempted by federal law. This decision left the debtor without any redress and divested state courts of jurisdiction over cases under its own tort law. This Note argues the Ninth Circuit, in Cogan, erroneously made “related to” jurisdiction exclusive and incorrectly held that federal law completely preempts state abuse of process laws. This Note further argues the Ninth Circuit abandoned its own modern preemption test which deepened a circuit split between the Third Circuit and Seventh Circuit. Finally, this Note argues that the Rooker-Feldman doctrine does apply in Cogan.
Recommended Citation
Alyssa Knecht,
Bankruptcy Preemption of Malicious Prosecution Actions: Cogan v. Trabucco,
2026
Cardozo L. Rev. De-Novo
58
(2026).
Available at:
https://larc.cardozo.yu.edu/de-novo/117
