A legal malpractice suit has been reinstated by a New Jersey appeals court because the judge who dismissed it previously sat on the appeals panel that heard the underlying case.

The malpractice case, Berman, Sauter, Record & Jardim v. Robinson, was tossed out right before trial in 2012 by Judge Donald Coburn, a retired appellate judge who had been recalled to service in the Morris County, N.J., trial court.

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