A federal appeals court on Tuesday revived a defamation lawsuit brought by former U.S. vice presidential candidate Sarah Palin against the New York Times, over an editorial that she said improperly linked her to the 2011 mass shooting that seriously wounded U.S. Representative Gabrielle Giffords.

In a 3-0 decision, the 2nd U.S. Circuit Court of Appeals in Manhattan said the lower court judge who dismissed the complaint erred in considering facts outside the court pleadings.

The appeals court also said Palin plausibly stated a claim for defamation but took no position on the claim’s merits.