A judge erred in granting summary judgment to a lawyer accused of malpractice in handling a Dalkon Shield arbitration case, a federal appeals court has ruled.

The 2nd U.S. Circuit Court of Appeals gave plaintiff Barbara Rubens her third shot at pursuing a malpractice case against Maryland attorney Roy Mason and his former firm, now Morgan, Carlo, Downs & Everton, saying the lower court mistakenly held as a matter of law that Mason made tactical and strategic decisions that could not amount to malpractice.

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