Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase meaning one after another or in succession.
Sources & Authorities· 2 primary sources
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Cases
Uniform Acts
Restatements
Casebooks
How it applies
Common Examples
6
Successive State Prosecutions
Stephen Shaw diverted drug samples from warehouses in two states. State A convicted him first under its conspiracy laws. State B then brought its own charges for the identical conduct under separate statutes. The second prosecution proceeded seriatim because each state functions as an independent sovereign.
Foreign Judgment Enforcement
Simon Stern obtained a French judgment against a U.S. debtor. The American court examined the foreign judgment's validity and effect seriatim. It rejected each special ground for nonrecognition in turn before denying conclusive effect on comity grounds.
Sofia Stern challenged a joint resolution delegating power to the President. The Court declined to address the several constitutional clauses seriatim. It instead summarized that precedent and principle supported the broad discretion granted.
United States v. Curtiss-Wright Export Corp.299 U.S. 304 (1936)
Limited Fund Class Action
Sean Steele represented claimants against an asbestos manufacturer with insufficient assets. The Court compared the proposed class settlement to seriatim litigation outcomes. It required equitable treatment among claimants to match what individual suits would have produced.
Ortiz v. Fibreboard Corp.527 U.S. 815, 842 (1999)
Age Discrimination Proof
Simone Sanders alleged age discrimination after termination. The Court applied the McDonnell Douglas framework seriatim. It first required the plaintiff to establish a prima facie case before shifting the burden to the employer.
Reeves v. Sanderson Plumbing Products, Inc.530 U.S. 133, 150–51 (2000)
Summary Dismissal Review
Sydney Santos challenged a state obscenity statute after a federal court had dismissed a similar claim. The Supreme Court considered the jurisdictional issues seriatim. It held that the lower court's dismissal bound the state court under stare decisis principles.
Hicks v. Miranda95 S.Ct. 2281, 2289, 422 U.S. 332, 344–345, 45 L.Ed.2d 223
Common questions
Frequently Asked
3
What does discussing issues seriatim require in a judicial opinion?+
It requires the court to address each argument or issue one after another in sequence rather than in combined fashion.
How does the separate sovereigns doctrine interact with seriatim prosecutions?+
Different states may prosecute the same conduct successively because each acts as an independent sovereign enforcing its own laws.
Does seriatim consideration apply to foreign judgments?+
Yes. Courts examine each ground for nonrecognition one by one before deciding whether comity requires enforcement.
299 U.S. 304 (1936)Constitutional Law
…than we think it does, we should not feel at liberty at this late day to disturb. We deem it unnecessary to consider, seriatim , the several clauses which are said to evidence the unconstitutionality of the Joint Resolution as involving an unlawful delegation of legislative power. It is enough to summarize by…