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KRESS STORES OF PUERTO RICO v. WAL-MART P.R.

No. 23-1060.

121 F.4th 228 (2024)

KRESS STORES OF PUERTO RICO, INC.; J.M.J. Appliances Corporation; Valija Gitana, Inc.; Humberto Vidal, Inc.; and Almacenes Kress De Cayey, Inc., Plaintiffs, Appellants, J. Pica y Cia, Inc., d/b/a Capri; Antonio Bayon, d/b/a Tienda Junelba; and Elba Casiano, d/b/a Tienda Junelba, Plaintiffs, v. WAL-MART PUERTO RICO, INC., and Costco Wholesale Corporation, Defendants, Appellees, Walgreen of Puerto Rico, Inc., and Puerto Rico CVS Pharmacy, LLC, Defendants.

United States Court of Appeals, First Circuit.

November 12, 2024.

Attorney(s) appearing for the Case

Gretchen L. Alvarado-González, with whom Luis N. Saldaña-Román, Fernando Sabater-Clavell, and Saldaña, Carvajal & Vélez-Rivé, PSC were on brief, for appellants.

Salvador J. Antonetti-Stutts, with whom Ubaldo M. Fernández Barrera, Laura E. Díaz González, and O'Neill & Borges LLC were on brief, for appellee Costco Wholesale Corporation.

Paul J. Berks, with whom Suyash Agrawal, Schuyler C. Davis, and Massey & Gail LLP were on brief, for appellee Wal-Mart Puerto Rico, Inc.

Before Montecalvo, Hamilton, and Rikelman, Circuit Judges.

On the merits, this appeal presents unfair competition claims brought by local Puerto Rico merchants against major big-box retailers in Puerto Rico based on events during the COVID-19 pandemic. Plaintiffs-Appellants allege that Defendants-Appellees Costco Wholesale Corp. and Wal-Mart Puerto Rico, Inc., failed to comply with the Governor's executive...

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