Topic: an intermediate state appellate court decision is a 'datum … · Go Syfert
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Topic #20389

4 canonical passages across 3 cases, quoted by 20 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Bertha Estrella v. George A. Brandt, M.D., and French Hospital.

#Case FlagCanonical passage Citers
1 Bertha Estrella v. George A. Brandt, M.D., and French Hospital Anchor
ca9 · 1982
green “an intermediate state appellate court decision is a 'datum for ascertaining state law which is not to be disregarded by a federal court unless it is convinced by other persuasive data that the highest court of the state would decide otherwise.” 7
2 Fiorito Bros., Inc. v. Fruehauf Corporation
ca9 · 1984
green “own best judgment in predicting how the state's highest court would decide the case.” 7
3 United States Fidelity & Guaranty Co. v. Lee Investment LLC
ca9 · 2011
green “perhaps a better way of putting it is to say that one of the goals in deciding state law questions is to do no harm to state jurisprudence.” 3
4 Bertha Estrella v. George A. Brandt, M.D., and French Hospital
ca9 · 1982
green “must ascertain from all available data what the state law is and apply it.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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