A U.S. judge has dismissed a lawsuit filed against Nintendo over Joy-Con drift. Here’s the latest.
United States District Judge William Alsup dismissed the lawsuit filed by two parents on behalf of their minor child. The suit alleged that Nintendo was aware of Joy-Con drift, defined as repeated wear and tear on the analog stick that breaks down the functionality of the console over time.
We’ve conered Joy-Con drift extensively here on Ninty Gamer. It’s a problem that still plagues all models of Nintendo Switch—including the Switch Lite.
The judge dismissed the lawsuit because Nintendo’s EULA states that users who agree to it cannot sue the company. “Plaintiffs’ gifting and disaffirmation arguments were ‘carefully read and considered’ and the arbitration panel ultimately concluded minors are not parties to the EULA, but the parents are. Because there was never any agreement between Nintendo and minors, the panel did not have to rule on the other issues presented.”
“Because minors failed to allege ownership of the console and assignment of right to sue, they lack standing to pursue the CLRA and unjust enrichment claims,” Alsup concludes. If these parents want to enter a claim for themselves, they must do so through legal arbitration rather than through a lawsuit–as the EULA requires.
Has Nintendo publicly addressed Joy-Con drift?
Yes, in 2022 Nintendo issued a formal apology for the continued Joy-Con drift problems on all versions of the Nintendo Switch. “Regarding the Joy-Con, we apologize for any trouble caused to our customers,” Nintendo president Shuntaro Furukawa says. “We are continuing to aim to improve our products, but as the Joy-Con is the subject of a class-action lawsuit in the United States and this is still a pending issue, we would like to refrain from responding about any specific actions.”
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