Hinckley Allen obtained dismissal of a complaint in the Superior Court of Massachusetts for lack of personal jurisdiction that was filed against their clients who own and operate a bulk liquid storage facility in New York. This case was brought by a Massachusetts truck driver alleging he developed Aplastic Anemia due to his alleged benzene exposures from loading gasoline and diesel fuel at the client’s terminal. Our client filed a motion to dismiss for lack of personal jurisdiction, which the judge granted.

The Court found that the terminal did not continuously and systematically conduct or transact business in Massachusetts such that it would render it “at home,” giving no merit to plaintiff’s arguments that 1) our clients have one Massachusetts customer; 2) that loads were picked up at its terminal and delivered to Massachusetts, which plaintiff had no involvement in and which our clients had no control over; 3) that Massachusetts drivers and trucking companies were granted access to the terminals after training and credentialing them at the terminal, and 4) by having customers who have contacts in Massachusetts. As for the terminal’s one Massachusetts customer, the Court found that these business activities were a small part of their overall business operations and it was not sufficient to subject it to general jurisdiction in Massachusetts.