In the debate surrounding the coexistence of GM and non-GM crops the use of the courts and litigation is becoming increasingly prevalent and increasingly problematic. The unintended presence of a GM event inevitably leads to the filing of a class action lawsuit, allegations of massive losses due to trade disruption and a protracted period of indecision and delay. This paper will examine this phenomenon and assert that it represents a form of legal “trench-warfare,” in that the exercise is relatively pointless, costly and ultimately solves nothing. After illustrating this assertion with reference to several lawsuits, the paper will frame these lawsuits through the wider lens of the large body of literature pertaining to class action lawsuits. Finally, the paper will conclude by arguing that a change in philosophy and approach to coexistence will be required if anti-GM litigation and class action lawsuits are to be avoided
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