Can And Should A Court Limit Repeated Retrials?

By Steven Gordon (May 16, 2022, 4:23 PM EDT) -- It made headlines when a federal prosecution of chicken industry executives for alleged price-fixing resulted in mistrials in December and again in April after juries were unable to reach a verdict as to any of the 10 defendants.

It made more headlines when, following the second hung jury, the U.S. Department of Justice announced that it was dropping charges against five defendants but intended to proceed with an extraordinary third trial against the five remaining defendants. The case is U.S. v. Penn in the U.S. District Court for the District of Colorado.

U.S. District Judge Philip A. Brimmer summoned DOJ Antitrust...

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