Quill Co., Inc. v. AT Cross Co.

OPINION

MURRAY, Justice.

This case is before the court upon the joint motion of both parties to certify their dispute to us from the Superior Court pur suant to G.L.1956 (1969 Reenactment) § 9-24-25. It involves a question of first impression in this jurisdiction — whether a nonbreaching party to a covenant not to sue may recover as damages for breach of that covenant litigation expenses that it has incurred in defending against a claim brought in breach of said covenant? Our review of the relevant authorities convinces us that such damages should be recoverable in certain circumstances,…