1) The last Pennsylvania Supreme
Court opinion on point is an 80-year old case. You think they would
decide otherwise now. The change in the law would be to your benefit.
Your case is a diversity case. Where do you sue, in a Pennsylvania
state trial court or in a federal district court?
2) You are federal district judge in the E.D. Va. The only cases on point are a 20-year-old decision by the 4th Circuit and conflicting 5-year-old decision by a Va trial court. Is the 4th Circuit decision binding authority for you?
3) Assume that under New York law,
a New York state court ascertaining the law of a sister state does
not use the
prediction model of Bernhardt. It instead acts like a lower court of
the sister state and simply follows old decisions by the Supreme Court
of the sister state,
even if it is likely that this Supreme Court of the sister state would