Can and Should a Court Limit Repeated Retrials?
Litigation and Dispute Resolution attorney Steven Gordon wrote an article for Law360 about a federal prosecution of chicken industry executives for alleged price-fixing. The original proceedings made headlines when they resulted in mistrials after the juries were unable to reach a verdict for any of the 10 defendants. Later, and earning even more media attention, after a second hung jury, the U.S. Department of Justice announced it would drop charges against five defendants but would proceed with a third trial for the other five defendants. In this article, Mr. Gordon questions whether a court should limit repeated retrials, and explained the issue and the applicable law around this trial. Mr. Gordon also provided an analysis of this trial.