This section contains the nature of the case and procedural background.

P is a resident of Gloucester, Massachusetts. From April 1997 through April 2006, P was employed by D as a merchant seaman and member of the crew of the M/V OCEAN CITY, the S.S. CHILBAR, the S.S. CHELSEA, and the S.S. KEYSTONE TEXAS. Ciolino first began working for D after responding to a job posted at P's union, the National Maritime Union (NMU) Boston Local. D bought him a plane ticket from Boston to Singapore where he boarded the M/V OCEAN CITY on April 4, 1997. P completed this 'hitch' on July 31, 1997, in Kuwait, and D purchased him a ticket for a return flight to Boston. D directly hired P, bypassing his union. This position was aboard the M/V OCEAN CITY. P flew from Boston to meet the vessel in the United Arab Emirates. P completed this hitch on April 1, 1998, in Kuwait and D again purchased him a plane ticket to return to Boston. Between July 30, 1998, and August 19, 2001, P completed five more hitches. P was promoted and told that he had a permanent relief position with the company. From January 2002 to April 2006, D employed P for various periods to work aboard various ships chartered by D. Many of the other crew members were also from the NMU Boston Local. P continued to work for D from June 2006 to September 2011 aboard a vessel owned by the United States Navy and operated by D. P stopped working when his health deteriorated 'to the point that [he] became too weak to continue.' P was diagnosed with benign asbestos pleural effusion, a condition that has significantly reduced his stamina and strength. P sued Ds. Ds moved to dismiss for lack of personal jurisdiction.

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