Bellwether Trials. While the work-up of individual cases is 2 not considered common-benefit work, in the event that a case 3 is selected as part of an approved bellwether trial process in 4 the MDL or state-court proceeding, the time and expenses in 5 trying the case (including work performed as part of the 6 approved bellwether process) may be considered common- 7 benefit work at the discretion of Plaintiffs’ Co-Lead Counsel 8 to the extent it complies with the other provisions of the 9 Common-Benefit Order and this Participation Agreement.
Bellwether Trials. While the work-up of individual cases is not considered common benefit, in the event that a case is selected as part of an approved bellwether trial process in the MDL, California, New Jersey or Pennsylvania, the time and expenses in trying the case (including work performed as part of the approved bellwether process) may be considered for common benefit to the extent it complies with the other provisions of this Order and Participation Agreement.
