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How should a federal appellate court predict state law -- in the absence of guidance from the State's highest court -- in a State that utilizes regional intermediate appellate courts?

How should a federal appellate court predict state law -- in the absence of guidance from the State's highest court -- in a State that utilizes regional intermediate appellate courts? When it comes to predicting Florida law in the absence of any definitive ruling from Florida's highest court, the Eleventh Circuit uses an interesting approach, as this decision issued today illustrates.

I would think that it would be better practice for a federal appellate court, when faced with no on-point ruling from a State's highest court and conflicting rulings on the issue from regional state intermediate appellate courts, to predict how the highest state court would rule instead of merely applying the holding of the regional intermediate appellate court that would have decided the appeal had the case been filed in state court.

Full post as published by How Appealing on July 02, 2008 (boomark / email).