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