Amicus brief petition denied

NJBFAA, CSAA not allowed to chime in on Synnex
Thursday, March 1, 2007

TRENTON, N.J.--An amicus brief that the New Jersey Burglar & Fire Alarm Association, along with the National Burglar & Fire Alarm Association and Central Station Alarm Association, wanted to file in support of a court case involving ADT and Synnex Corp. has been denied because it was "untimely."
Industry observers had said that the court case could set a precedent that could leave alarm companies nationwide open to liability lawsuits (see "N.J. court case may affect liability limitations" in the January issue of Security Systems News).
In December, Alan Pepper, a partner with Mitchell, Silverberg & Knupp, which represents the alarm industry (not in this particular case, however), said the case could have "far-reaching implications ... if this decision is upheld it might be used in other states as an argument that alarm dealers, as a matter of public policy, may not contractually limit their liability."
What effect might the denial of the petition to file an amicus brief have on the case? Asked this question in early February, Pepper said, "any comment would be speculation ... of course, both the NBFAA and CSAA [which also requested permission to file a brief] would have preferred to have their requests granted." As Security Systems News went to press on Feb. 5, officials at NBFAA were not immediately available for comment.