Middlesex Animal Shelter: A Case Study

The National Animal Defense Council believes that vibrations it alleges are too faint for humans to perceive, and as a result went undetected by humans or dogs for fifteen years, merits severely impeding Cambridge Biopharma’s ability to produce a lifesaving cancer drug. This is despite the fact the adoption center and kennel owned and operated by Middlesex Animal Shelter remains open, the building is intact, and the dogs continue to be adopted. Therefore, Cambridge Biopharma asks the court to dismiss the National Animal Defense Council’s complaint for failure to state a claim upon which relief can be granted under Fed. R. Civ. P. 12(b)(6). First, Middlesex Animal Shelter, not the Plaintiff, is the actual possessor of the property. Second, Cambridge Biopharma did not intentionally and illegally enter the property because the vibrations did not cause any physical property damage.
Facts
To manufacture the life-saving cancer drug Replevin, Cambridge Biopharma (“CBP”) uses giant cylinders, which vibrate at a high speed and frequency to …show more content…
Fed. R. Civ. P. 12(b)(6). To survive a motion to dismiss, a plaintiff’s complaint must contain “sufficient factual matter” to “state a claim to relief that is plausible on its face”. Riverdale Mills Corp. v. Cavatorta N. America, Inc., 189 F. Supp. 3d 317, 320 (D. Mass. 2016)(citation omitted). In order to bring a claim for intentional trespass NADC must demonstrate 1) the Plaintiff has actual possession of the property at issue and 2) the Defendant intentionally and illegally entered the property. Fed. Ins. Co. v. Boston Water and Sewer Comm’n, 583 F. Supp. 2d 225, 229-30 (D. Mass. 2008). NADC’s claim fails because MAS, not the Plaintiff, is the real possessor of the property at issue. Further, CBP neither intentionally nor illegally entered the property, because the vibrations did not cause any physical property