'Empty Head' Atty Sanctioned For Unintentional Spoliation

Law360, New York (April 3, 2015, 6:17 PM EDT) -- A New York federal court has sanctioned a mortgage company's lawyer after his former client accused him of destroying evidence, despite the court's finding that he did not do so intentionally.

U.S. Magistrate Judge A. Kathleen Tomlinson said in her Tuesday ruling that while there's no dispute that Gary A. Horn threw out computers containing emails and other electronic records that may have been used as evidence against him in a breach of contract, malpractice and negligence case, he likely did not do so maliciously. Tomlinson ordered Horn to pay the Federal Deposit Insurance Corp. $3,000 for placing them in the...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


New York Eastern

Nature of Suit

Contract: Other


Subscribers Only

Date Filed

December 2, 2012

Law Firms

Government Agencies