Thanks to William Voorhees, an attorney in NJ who forwarded this story about a NJ legal malpractice case.  The case is Adelman v. Shenker, Superior Court of New Jersey, Appellate Division, A-3233-04T1, Decided 12/14/07.

Defendant attorney had sleep apnea, and after extensive pre-trial activity, had to tell the judge that he just could not go ahead with the trial, for his lack of sleep. anxiety, and other symptoms.  More interesting however, was the use of a sleep apnea specialist in this legal malpractice case. 

Ultimately, the case turned around a pre-trial mediation session, its recommendation, the lack of communication by attorney to plaintiff [then the defendant] client, and its repercussions.