BINDING

"As a preliminary matter, we pause to reiterate an elemental point: While our unpublished opinions "may be cited as persuasive authority," they "are not considered binding precedent." 11th Cir. R. 36-2. We have said so again and again, but it bears repeating. See United States v. Izurieta , 710 F.3d 1176, 1179 (11th Cir. 2013) ("Unpublished opinions are not binding precedent."); Ray v. McCullough Payne & Haan, LLC , 838 F.3d 1107, 1109 (11th Cir. 2016) ("In this Court, unpublished decisions ... are not precedential and they bind no one."). Accordingly, a district court shouldn't simply cite to one of our unpublished opinions as the basis for its decision without separately determining that it is persuasive. Here, the district court did just that — it treated Cawthorn as binding authority and failed to determine whether that decision correctly analyzed Florida law. See McNamara v. GEICO , 2020 WL 5223634, at *1, *3–4 (M.D. Fla. July 29, 2020) (agreeing that Cawthorn was "an intervening change of controlling law" and reflexively applying it to decide this case). For reasons we'll explain, Cawthorn didn't properly analyze Florida law, and the district court shouldn't have followed it."

"We hold that the decisions of the United States Court of Appeals for the Fifth Circuit (the "former Fifth" or the "old Fifth"), as that court existed on September 30, 1981, handed down by that court prior to the close of business on that date, shall be binding as precedent in the Eleventh Circuit, for this court, the district courts, and the bankruptcy courts in the circuit.

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The old Fifth followed the absolute rule that a prior decision of the circuit (panel or en banc) could not be overruled by a panel but only by the court sitting en banc. The Eleventh Circuit decides in this case that it chooses, and will follow, this rule."

"Federal court decisions on issues of state law are not binding on and have limited precedential effect in state courts. Erie R. Co. v. Tompkins, 304 U.S. 64, 78-79, 82 L. Ed. 2d 1188, 58 S. Ct. 817 (1938).""

The issue here is whether appellee's dismissal was in violation of Title VII of the Civil Rights Act of 1964. The NLRB decision, on the other hand, dealt with an alleged violation of the National Labor Relations Act. Although these two acts are not totally dissimilar, their differences significantly overshadow their similarities. Pettway v. American Cast Iron Pipe Co., 411 F.2d 998 (5th Cir. 1969). See Comment, 44 N.Y.U.L.Rev. 404 (1969). Absent a special consideration, a determination arising solely under one statute should not automatically be binding when a similar question arises under another statute. See Title v. Immigration and Naturalization Service, 322 F.2d 21, 25 n. 11 (9th Cir. 1963); 2 K. Davis, Administrative Law Treatise § 18.04, at 577-78 (1958); cf. Commissioner of Internal Revenue v. Sunnen, 333 U.S. 591, 601-602, 68 S.Ct. 715, 92 L.Ed. 898 (1948). This is because the purposes, requirements, perspective and configuration of different statutes ordinarily vary. This case provides an excellent example of the differences in two statutes. Racial discrimination in employment is an unfair labor practice that violates Section 8(a)(1) of the National Labor Relations Act if the discrimination is unjustified and interferes with the affected employees' right to act concertedly for their own aid or protection. United Packinghouse, Food Allied Workers International Union v. National Labor Relations Board, 135 U.S.App.D.C. 111, 416 F.2d 1126, 1135, cert. denied, 396 U.S. 903, 90 S.Ct. 216, 24 L.Ed.2d 179 (1969).

Judicial admissions are conclusively binding on the party making them

A party is bound by the admission in its pleadings for jurisdictional determinations.