This is an example of a case that has been overruled (negative treatment) on WestlawNext. The case is Watson v. City of Omaha, 312 N.W.2d 256 (Neb. 1981).
1. WestlawNext presents KeyCite in a much different way than Classic Westlaw. History and treatment for a case are found in the tabs at the top of the case.
The case we are working with is Watson v. City of Omaha, 209 Neb. 835, 312 N.W.2d 256 (1981). When you retrieve a case on WestlawNext, the KeyCite information is listed on the top of the page under the Negative Treatment, History, and Citing References tabs. Note the red flag on the top left.
2. By clicking the Negative Treatment tab, you can get negative treatment and negative history information.
There is no history for Watson v. City of Omaha. This includes prior history and subsequent appellate history.
There is negative treatment for Watson v. City of Omaha. It was overruled by one case, Bronsen v. Dawes County, 272 Neb. 320 (2006). It was distinguished by two cases, Dykes v. Scotts Bluff County Agr. Soc., Inc., 260 Neb. 375 (2000) and Iodence v. City of Alliance, 270 Neb. 59 (2005). Note that WestlawNext no longer uses Depth of Treatment stars; however, they still adhere to the basic principle with the Depth of Treatment feature.
3. By clicking the Citing References tab you can retrieve all the treatment information.
This is more treatment for Watson v. City of Omaha. This includes cases, an administrative decision, and a brief. Note the Depth of Treatment feature and how it is listed in descending order.
4. The Citing References tab lists all the cases, administrative materials, and secondary sources that have cited your case.
This has even more treatment of Watson v. City of Omaha. These include cases from other jurisdictions (Pennsylvania, West Virginia, and Nevada). It also includes cases, administrative decisions, and secondary sources (law reviews and an ALR Annotation).
5. You can limit your KeyCite results in a number of different ways on WestLawNext.
Under the View feature, you can limit your KeyCite results to cases, administrative materials, secondary sources, briefs, and pleadings. In this screen shot, I have limited my KeyCite results to only cases.
You can also limit your KeyCite results by jurisdiction, date, depth of treatment, headnotes, treatment status, and reported status cases.
6. You can limit your KeyCite results in a number of different ways on WestLawNext.
This screen shows that you have limited the KeyCite results to only secondary sources. It includes law reviews, an ALR Annotation, and two Causes of Action articles.
Chastek Library, Gonzaga University School of Law | 721 N. Cincinnati St. Spokane, WA 99220-3528 | 509.313.3758