AEI Life, LLC v. Lincoln Benefit Life Co.
This memorandum addresses whether a pending appeal in another circuit concerning a jurisdictional dismissal precludes the Eastern District of New York from exercising jurisdiction. The New Jersey District Court had previously dismissed an action by Lincoln Benefit Life Company (LBL) against AEI Life, LLC (AEI) for lack of subject matter jurisdiction, which LBL appealed. Subsequently, AEI initiated the current lawsuit in New York, seeking a declaration of policy validity and damages for alleged breach. The court concluded that the first-to-file rule is inapplicable here because the New Jersey court never secured jurisdiction. Additionally, a balance of convenience analysis favored New York as the appropriate venue, citing AEI's home forum, witness locations, and the locus of operative facts. Consequently, LBL's motion to dismiss or stay the action is denied, allowing the case to proceed in the Eastern District of New York.