Westlaw tip: Red-flags in cases and implied overrulling

August 3, 2011

From the Westlaw Reference AttorneysA case can be red-flagged even when it hasn’t been reversed or overruled.

KeyCite flags are generated when there is an implied overruling.

Normally, “disagreed with” and “declined to follow” language will not generate a red flag.

However, in a situation where the citing case is from a binding jurisdiction, it will.

For example, if the U.S. Supreme Court disagrees with a Minnesota Supreme Court case, then the Minnesota case will display a red flag.

The U.S. Supreme Court is a binding jurisdiction for the Supreme Court of Minnesota, so an implied overruling has occurred.