Malts at DQ are made with ice milk not ice cream. Malt is malted milk and is a powder that is used by all the malt makers across America. Shakes only contain the flavor that one picks plus the ice cream and milk. Both are blended until it is a nice consistency. Source(s): Have enjoyed many malts and shakes!
But a mistrial just means you messed up the first time, and you need a do-over. The state makes no difference. A person can be tried again in ANY state if there was a mistrial. A mistrial is basically saying the trial malfunctioned and needs to be started again. A mistrial is no reason for escaping trial in any state. It just means that someone screwed up and the court needs to start all over again.
Of the 28 plaintiffs whose claims have been scheduled for trial, including the two plaintiffs in this trial, the claims of six were dismissed, the claims of seven were withdrawn from the trial calendar by plaintiffs, juries have decided in Merck's favor nine times and in plaintiffs' favor four times, and there have been three mistrials (one of which has since been retried to a verdict).