What is the test for determining whether a federal court would interpret a state's position on an issue before making a federal determination?

1. See NLRB v. Calkins, 187 F.3d 1080, 1089 (9th Cir. 1999) (where the state's highest court has not addressed an issue, a federal court's task is to "predict how the highest court would decide the issue using intermediate appellate court decisions, decisions from other jurisdictions, statutes, treatises, and restatements as guidance") (internal citations omitted).

1. See NLRB v. Calkins, 187 F.3d 1080, 1089 (9th Cir. 1999) (where the state's highest court has not addressed an issue, a federal court's task is to "predict how the highest court would decide the issue using intermediate appellate court decisions, decisions from other jurisdictions, statutes, treatises, and restatements as guidance") (internal citations omitted).