Red flag in Shepardizing indicates what?

• A. The case has no negative history
• B. The case or administrative decision is no longer good law for at least one point
• C. The case has some negative history but was not reversed
• D. The case has been overturned entirely

Answer: (B)

Red flags mark negative treatment of a specific proposition in a case. When you see a red flag, it means the case or administrative decision is no longer good law for at least one point, due to later authorities reversing, overruling, vacating, or significantly restricting that point. It’s a cue to dig into the later history to understand exactly how the point was treated and to adjust reliance on that part of the decision. The rest of the decision may still be valid for other points, but the flagged proposition should be treated with caution.