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Using Online Citators: KeyCite, Shepard's, and BCite

Provides an example of a case that has been overruled (negative treatment) on Westlaw

KeyCite on Westlaw Edge

This is an example of a case that has been overruled (negative treatment) on Westlaw Edge.  The case is Watson v. City of Omaha, 312 N.W.2d 256 (Neb. 1981).

1. Westlaw presents KeyCite in a way very similar to BCite on Bloomberg Law and Shepard's on Lexis Advance.  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 one retrieves a case on Westlaw Edge, 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, one 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). Westlaw uses Depth of Treatment bars.  These are quantitative measures that show how much a case is examined and discussed in a subsequent case.    

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 by the case one is KeyCiting.

This has even more treatment of Watson v. City of Omaha.  These include secondary sources (ALR annotations, Causes of Action reports, a treatise, and other secondary sources).



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