Can a confidential witness be credited in a civil action?

MultiRegion, United States of America

The following excerpt is from Altimeo Asset Mgmt. & ODS Capital v. Qihoo 360 Tech. Co., 20-3074 (2nd Cir. 2021):

[3] The district court disregarded the statements attributed to the confidential witness, finding that those statements bore "none of the indicia of reliability that have led courts to sustain [confidential witness] allegations as worthy of crediting." Altimeo Asset Mgmt., 2020 WL 4734989, at *14. Because the other facts alleged in the complaint sufficiently plead material misstatements and omissions, we need not consider whether the district court's treatment of the confidential witness's statements was correct. See Novaks v. Kasaks, 216 F.3d 300, 314 (2d Cir. 2000) ("[W]here plaintiffs rely on confidential personal sources but also on other facts, they need not name their sources as long as the latter facts provide an adequate basis for believing that the defendants' statements were false.").

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