Citators

If your case or statute displays a red flag (Keycite) or a red stop sign (Shepard's), it does not necessarily mean the entire case or statute is bad law. You need to look at the overruling case or statue to determine whether you may still cite your case or statute.

Example 1: You would like to cite subsection (a) of a particular statute. Citator shows a red flag and says the statute has been declared unconstitutional by a Supreme Court case. You read the case, and it turns out the case invalidated subsection (b) of your statute. Since subsection (a) is still "safe", you may cite it. Don't cite subsection (b). 

Example 2: Case X has 2 holdings. You would like to cite holding #2. Citator shows a red flag and says the case has been overruled by a Supreme Court case. You read the Supreme Court case, and it turns out the Supreme Court case overrules Case X on holding #1 and never discusses holding #2. Since holding #2 is still "safe", you may cite it. Don't cite holding #1. 

• Jones v. Reliance Insurance Co., 607 F.2d 1 (D.C. Cir. 1979) discusses two issues:
  1. Construction of certain words (including "disease" and "disorder") in insurance contracts
  2. Standard of review for certain denials of directed verdict motions
• If you shepardize Jones, you will see that it has been overruled by Harbor Insurance Co. v. Schnabel Foundation Co., 946 F.2d 930 (D.C. Cir. 1991)
  • Harbor Insurance overrules Jones on the standard of review issue. 
  • It does not discuss the issue of constructing "disorder" or "disease" in insurance contracts.
• Do not cite Jones for the issue of standard of review for certain denials of directed verdict motions as that issue has been overruled by Harbor Insurance.
• However, you may cite Jones for the issue of interpreting certain words in insurance contracts as this issue still remains good law (that is, it has not been overruled or superseded by other cases or statutes).