Q. Will a case law opinion on Westlaw display a red or yellow KeyCite flag if it has been, in effect, weakened or overturned by a statute?

A. No. Our editors don't give an opinion a KeyCite flag unless it has been explicitly cited and called into question. A statute is unlikely to cite to an opinion at all, let alone state that an opinion is unconstitutional or invalid. In our case, the statute effectively rendered the opinion invalid. Nevertheless, it doesn't get a flag without that explicit reference.

Here's A Tale of Two Opinions, demonstrating how a statute could indirectly put a KeyCite flag on an opinion. Opinion #1 has been reversed by Opinion #2. Opinion #2 cites to a specific statute as the basis for reversing Opinion #1. Does Opinion #1 get a red KeyCite flag? Yes, because Opinion #2 contains an explicit negative reference to the statute and Opinion #1.

Example:
Opinion #2, State v. Shedrick, 574 N.E.2d 1065 (Ohio 1991), displays a yellow KeyCite flag on Westlaw. The explanation for the yellow flag under Negative Indirect History is a treatment note, Called into Doubt by Statute. The treatment note is attached to State v. Bonner, 1994 WL 105521 (Ohio App. 1994). In State v. Bonner, the court cites to the statute as the basis for weakening State v. Shedrick.