August 3, 2011
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.