Nintendo’s latest console, the Switch, has proven very popular and offers recognizable games like Super Mario Odyssey and Super Smash Bros. Ultimate, but not without problems. Last year, the console sparked some controversy over a major design flaw that caused some Joy-Cons to drift away. The result was a class action lawsuit in the USA.
The problem was more controversial than that Cancellation of the virtual console and led to a class action lawsuit against the video game company. Now it appears that Nintendo’s application to dismiss the lawsuit was rejected by a federal judge, but he has initially allowed the case to be dealt with in arbitration.
Nintendo Switch – (C) Nintendo
–
The US District Judge Thomas S. Zilly declined Nintendos application for release, but agreed to have the case dealt with in arbitration. For Nintendo-Fans who have not studied law, it means that the problem is solved outside the courts by a neutral party known as an arbitrator. In the United States, arbitration is often used in consumer and employment cases like this. In other words, the class action is still pending, but the final and binding outcome is no longer the judge’s decision.
judge Zilly however, put the case on hold until the referee made a decision. Once this is done, the case could still go to trial. Nintendo and customers suing the company must report the outcome of the arbitration 14 days after a decision or by December 31, 2020, whichever comes first.
Plaintiffs are against the decision
TopClassActions reported that the plaintiff had contested the decision to initiate arbitration, but the courts were not convinced of the reasoning. According to the courts, customers were the ones Nintendo SwitchBought consoles, “Bound by a valid arbitration agreement. The agreement was valid because it did not prevent consumers from enforcing injunctive relief. ” judge Zilly however said that the agreement allows the arbitrator “To grant any relief that would be available to a court by law or equity”, so there should be no need to worry.
Nintendo Switch – (C) Nintendo
–
The class action was filed in September 2019 by Ryan Diaz against Nintendo submitted. He claimed that the Japanese company knew that the Switch’s Joy-Cons had a drift problem and did not disclose it to consumers. Then commissioned Nintendo the customers asking them to fix Joy-Cons with the drift problem, which convinced him that they must have known the problem beforehand, which would be a surprising step for the company behind Mario, Zelda and Co. The drift problem relates to joysticks in the Joy Cons registration movement, even if they are not moved, which causes you to move anyway – even if you do nothing.
–
