Puerto Rico Merchants Denied Quick Appeal in Covid Sales Suit

April 28, 2022, 4:09 PM UTC

Puerto Rico-based merchants must wait to appeal denial of class status in their suits alleging units of Walmart Inc. and other big box retailers took advantage of certain Covid-19 lockdown exceptions to sell $200 million worth of nonessential items, the First Circuit said.

The U.S. Court of Appeals for the First Circuit denied a Rule 23(f) petition Wednesday by Kress Stores of Puerto Rico Inc. and others. The rule of procedure gives appeals courts the discretion to immediately review certification decisions. Such appeals aren’t typically permitted.

The local merchants allege executive orders issued in March 2020 by then-Gov. Wanda Vázquez ...

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