7 Oct 2020
Author : InfoPro Community Manager
Shepard’s® At Risk quickly identifies cases at risk of being overruled
This exclusive Lexis+ feature helps you ensure you’re citing the best authority by identifying cases that may be at risk of being overruled based on passages in the case that rely on a previously overruled decision. For example, when viewing the case 312 Ga. App. 49, Durrah v. State Farm Fire & Cas., the Shepard’s Signal™ indicator is neutral per the blue signal because the case hasn’t been directly cited in a negative way. However, the At Risk notification on the right alerts you to the fact that there may be some indirect treatment that calls the case into question.
When you click on At Risk, the passages causing concern in the document are highlighted on the left, but those same passages are reproduced in their entirety on the At Risk panel as well. There are two passages of concern for this case. While the Durrah case has no direct negative treatment, one or more of the cases it relies on (Cohen is the first) was overruled in part by another case (Ragan), and this feature also surfaces the part of Ragan where that overruling occurred so you can better evaluate whether and how this overruling applies to your case.
Shepard’s At Risk helps researchers assess the strength of a case like never before.
- Instantly view which points of law within a case have been negatively treated by other decisions in the same jurisdiction.
- Easily assess the impact of the negative treatment and the degree of risk to the case and related points of law.
Watch this short Shepard’s At Risk how-to video.
Check it out for yourself with free trial access now.