Barbara Rosenberg, Individually, and as Personal Representative of the Heirs and Estate of Stanley Rosenberg, Deceased v. The Celotex Corporation

JOHN R. BROWN, Circuit Judge:

This is an appeal from the dismissal of Barbara Rosenberg’s suit for wrongful death. At issue are the wrongful death acts of New York 1 and Texas, 2 two prior New York actions, 3 and the effect Texas gives to causes of action arising in foreign jurisdictions held to be time barred in those jurisdictions. We hold that the district court properly dismissed Barbara Rosenberg’s wrongful death claim because the substantive law of New York bars any suit by a survivor when the decedent did not have a cause of action at the time of his death. Additionally, we find that…