Lawyers are often called upon to predict or at least estimate the potential outcomes of litigation. Doing so is, at best, an imprecise art. An example of why that is so is reflected in the decision of the United States Court of Appeals for the Eleventh Circuit in Feaz v. Wells Fargo Bank, N.A., Case No. 13-10230 (decided February 10, 2014). In deciding that case, the Eleventh Circuit addressed a question identical to one addressed by several other federal courts. Those courts, looking at the same statutes, regulations and contract language, have reached divergent outcomes. The Feaz case involved flood… Read more