Flags

In Westlaw, flags are used to indicate previous or pending legal decisions about a case or law.

A red flag indicates that this case is no longer good law for at least a portion of the law it contains.

A yellow flag indicates that the case has some negative history, but has not been reversed or overruled.

A Blue flag indicates that an appeal has been filed for this case to the US Court of Appeals or the US Supreme Court. A blue-striped flag is considered neutral and language such as Petition for Certiorari Docketed by or Appeal Filed by is displayed next to the flag at the top of the case.

If a case has a red or yellow flag, the most negative treatment is displayed next to the flag at the top of the case. Most negative treatment consists of phrases such as Overruled by, Abrogated by, or Distinguished by and includes a link to the underlying document, if available.

Negative Treatment

"Negative treatment" refers to how a legal case has been discussed or cited in later legal decisions in a way that undermines its authority or reliability. This doesn't always mean the case is no longer valid, but it does mean that some aspect of it has been questioned, limited, or overruled.

Here are the most common types of negative treatment:

Overruled: A higher court has declared that the legal principle in the case is no longer good law.
Criticized: A later court has disagreed with the reasoning or outcome.
Distinguished: A court has declined to follow the case because the facts were different.
Limited: The case’s application has been narrowed by a later decision.
Questioned: A court has expressed doubt about the case’s validity but hasn’t overruled it.