Gavin Howe
When conducting legal research, it is important to determine whether a case is still considered good law. This means checking whether the case has been reversed, overruled, or superseded by statute, or whether it has been criticized or distinguished by other cases. Bloomberg Law is a valuable resource for legal professionals and students to access federal court case dockets and filings. It offers a range of tools to help users find and analyze cases, including the BCITE citation tool, which provides indicators such as Distinguished to show how other cases have treated a particular case. When viewing a case on Bloomberg, users can click on the BCite Analysis icon to review case history and negative case analysis. Additionally, Bloomberg Law's Dockets feature allows users to track developments in a case and receive email notifications of new docket entries.
| Characteristics | Values |
|---|---|
| How to find a case on Bloomberg Law | Select the court where the case was filed by choosing "Browse Full List" or typing the name of the court in the "Courts" box. |
| How to find a distinguished case on Bloomberg Law | A blue box with a slash indicates that the case has been distinguished. |
| How to validate your case research | Run your case through a citator service to see if there are subsequent legal authorities that invalidate your case. |
| Bloomberg Law citator service | BCite |
| Courts covered by Bloomberg Law | U.S. Supreme Court, U.S. Courts of Appeals, U.S. District Courts, U.S. Bankruptcy Courts, U.S. Tax Court, U.S. Judicial Panel on Multidistrict Litigation, U.S. Court of Federal Claims, U.S. Court of International Trade, U.S. International Trade Commission, U.S. Bankr. Appellate Panel |
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What You'll Learn
Using the BCite tool to find distinguished cases
Bloomberg Law has its own citator service called BCite, which can be used to find distinguished cases. BCite provides a comprehensive overview of a case's history and subsequent treatment by other cases, with easy-to-use indicators that immediately convey how a case has been treated.
To access BCite, simply click on the BCite tab at the top of your document or look for the BCite Analysis in the right-hand margin. BCite displays both Composite Analysis and Case Analysis. Composite Analysis offers a visual summary of the Direct History and Case Analysis, providing an overview of the case's overall status. The Case Analysis section summarises the analysis of the main opinion by subsequent cases that cite it.
The Direct History section within BCite lists the previous and subsequent opinions related to the case, while the Citation Analysis section lists all the cases that cite your case, organised by date, with the most recent first. This section also allows you to filter results by type of treatment, such as positive, negative, or distinguished. The Table of Authorities lists the cases cited in your case, and BCite includes symbols that denote how your case has been treated by other cases, with a blue box with a slash indicating that your case has been distinguished.
Bloomberg Law provides access to a vast database of federal and state tax-related cases, as well as non-tax cases, which can be efficiently searched using BCite.
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Interpreting the indicators
When conducting legal research on Bloomberg Law, you'll come across several indicators that will help you identify a distinguished case. Here's a guide to interpreting these indicators:
One of the key indicators is the treatment of the case by the court. A distinguished case is often one that has been followed, applied, or cited by subsequent courts. Look for cases that have been frequently cited by other courts, as this indicates their importance and influence. You can identify these cases by the number of times they have been cited, which is indicated by a small citation icon or a citation count. Click on the icon to see the details of the citing cases and the context of the citations.
Another indicator is the presence of a star or asterisk (*) symbol next to the case name. This symbol indicates that the case is designated as a Key Case by Bloomberg Law. Key Cases are those that are considered landmark decisions, have significant legal implications, or are widely cited by other courts. These cases often involve important legal principles that have been established or clarified and are likely to be influential in future litigation.
The case summary provided by Bloomberg Law can also offer clues about its distinction. Look for cases with comprehensive and detailed summaries, as these often indicate that the case has had a significant impact on the development of the law. The summary may highlight the key legal principles established, the impact the case had on previous rulings, and its overall importance in the specific area of law.
Additionally, pay attention to any editorial enhancements or annotations within the case text. Bloomberg Law often includes editorial content, such as case notes, commentary, and analysis, which can provide insights into the case's significance. These enhancements are usually written by legal experts and may explain why a particular case is considered distinguished or noteworthy. They can offer context, discuss the case's impact, and provide valuable insights that help you understand why a case is important in the context of the wider legal landscape.
You can also utilize Bloomberg Law's proprietary treatment indicators, such as the Bloomberg Distinguished Designation. This indicator is assigned by Bloomberg Law editors to cases that meet specific criteria, such as cases that have been cited by a certain number of courts or have been widely discussed in legal literature. This designation helps identify cases that are widely recognized as influential and significant.
Lastly, take note of any subsequent history or proceedings related to the case. A distinguished case may have generated further litigation, appeals, or have been the subject of legislative action. This indicates that the case has had a lasting impact and continues to shape the legal landscape. Check for any related cases, amendments to the law, or discussions of the case's ongoing relevance.
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Finding a distinguished case in a specific court
To find a distinguished case in a specific court on Bloomberg Law, follow these steps:
Start by accessing the Bloomberg Law database, which offers a comprehensive collection of legal information, including case law, statutes, regulations, and more. The database is well-organized and user-friendly, making it a valuable resource for legal professionals and students alike.
On the Bloomberg Law platform, utilize the search bar to input specific keywords related to your case. You can search by case name, legal principle, or specific court. The advanced search feature allows for a more nuanced inquiry, helping you narrow down your results and find the most relevant cases.
As you review the search results, pay attention to the indicators or "operators" that appear next to each case name. These operators provide essential information about the status of the case. A blue box with a slash, as mentioned in the UCLA School of Law guide, indicates that the case has been distinguished. This means that while it has not been outright overruled or reversed, it has been treated negatively by other cases and may have limited applicability.
Bloomberg Law also offers the BCITE citation tool, which can aid in your search for distinguished cases. This tool provides access to a variety of court opinions, including U.S. Circuit Court, District Court, Bankruptcy Court, and Supreme Court tax opinions. The BCITE tool offers indicators similar to those mentioned earlier, with colours denoting positive, distinguished, caution, superseded by statute, and negative references. These indicators provide a quick assessment of how other cases have treated your case of interest.
Additionally, Bloomberg Tax Classification Outlines, assembled by Bloomberg Tax analyst-editors, can be a helpful resource. These outlines are organized by legal topics and include headnotes that analyse rulings in important cases. Browsing these outlines can lead you to distinguished cases within your specific court of interest.
Remember to validate your research by reviewing citator reports and analysing how your chosen case has been treated by subsequent legal authorities. This ensures that your case is still considered "good law" and hasn't been overruled or superseded.
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Tracking a distinguished case
Understanding Distinguished Cases
Firstly, it is important to understand what a "distinguished case" entails. A distinguished case is one that has been treated negatively by other cases, receiving criticism or being thoroughly distinguished. This negative treatment can impact the validity and reliability of the case.
Using Bloomberg Law Citator
Bloomberg Law has its own citator service, known as Bloomberg Law Citator or BCite. This tool allows you to review the case history, analysis, and citing documents. When using Bloomberg Law, look for indicators or "operators" that appear next to the case name. A blue box with a slash indicates that the case has been distinguished.
Accessing Case Information
To access case information on Bloomberg Law, start by selecting the court where the case was filed. You can do this by either using the "Browse Full List" option or typing the name of the court in the "Courts" box. Once you've selected the court, you can enter identifying information such as keywords or the names and roles of the involved parties.
Tracking Case Developments
To stay updated on developments in a specific case, select "Track Docket" at the top of the docket sheet. This feature allows you to receive email notifications about new docket entries at your preferred frequency (daily, weekly, or custom). Make sure to click "Update Docket" to ensure you are viewing the most recent version of the docket.
Validating Your Research
Validating your case research is crucial. This involves using a citator service to check if there are subsequent legal authorities or cases that invalidate or negatively impact your chosen case. Besides Bloomberg, other services like Westlaw and Lexis also offer citator tools, such as KeyCite and Shepard's Report. It is recommended to use multiple citator services for critical cases to ensure your case is still considered "good law."
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Validating distinguished cases
Firstly, when you pull up a case in Bloomberg, there are indicators, known as "operators", that appear next to the case name. These indicators provide essential information about the case's status. A blue box with a slash indicates that the case has been distinguished. It is important to note that these operators are not the sole determinant of a case's validity, as the issue for which a case was distinguished may differ from your intended use.
To further validate a distinguished case, you must review the citator report, specifically the BCite Analysis. This will allow you to see the case history, negative case analysis, and other information. BCite will indicate if the case has been negatively treated by other cases, which could impact its validity.
Additionally, it is recommended to run the case through a second citator service, such as Westlaw or Lexis, to double-check its validity. This is especially important if the case is critical to your analysis.
By following these steps, you can validate a distinguished case on Bloomberg Law and determine if it is still considered good law for your specific purpose.
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Frequently asked questions
A distinguished case is one that has been so thoroughly distinguished by other cases that you may not want to rely on it.
When viewing a case on Bloomberg, there are indicators, called "operators", that appear next to the case name. A blue box with a slash in it indicates that the case has been distinguished.
When accessing case lists, there are filters on the left that allow you to narrow the results. To see the cases that distinguish the case in question, click on the "Distinguished" link.
First, select the court where the case was filed. You can do this by selecting "Browse Full List" and drilling down through the options, or by typing the name of the court in the "Courts" box. Once you've selected your court(s), you can enter identifying information in fields such as Keywords or One or more parties to the case.
To validate your case research, run your case through a citator service to see if there are subsequent legal authorities that invalidate your case. Bloomberg has its own citator service, Bloomberg Law Citator, which includes BCite Operators.
