The U.S. Court of Appeals for the Eleventh Circuit on Wednesday ordered a district court to dismiss Godiva Chocolatier’s $6.3 million settlement of a Florida class action, finding the lead plaintiff lacked standing. The 35-page en banc opinion authored by Circuit Judge Britt Grant garnered three separate dissents from Judges Charles Wilson, Beverly Martin and Aldaberto Jordan.

In directing the trial court to toss not only the settlement but the class action complaint itself, Grant wrote, “We seek only to ensure that the plaintiff has, as he must under the Constitution, an actual controversy rather than a theoretical one.”

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