Nintendo continues to fight against an ongoing collective lawsuit that has been presented against the Game Company as a result of Joy-Con diversion problems with Nintendo Switch controllers. In the last two years, Nintendo has been dealing with a series of demands that have been presented in the company associated with the defect of the control lever found in the Joy-Cons. And although the demand is still in legal process, Nintendo has now found a new defense against some of these claims.
According to an Axios report, Nintendo’s lawyers have recently argued in one case (Sanchez et al. V. Nintendo of America) that certain people who demand the company have no right because those affected by the problem of drifting Joy- With are children. Essentially, Nintendo has affirmed that children can not sue the company because “they do not claim any recognizable damage for themselves”. In addition, Nintendo’s defense cited that the End User License Agreement (EULA) that Switch users must recognize before using the system establishes that they must be over 18 years of age to accept.
At this time, an arbitrator failed in favor of Nintendo’s defense and affirmed that two mothers representing the children in question can not continue with a class action lawsuit. However, lawyers representing these plaintiffs have rejected this ruling and have pressed for a federal judge to examine the case.
For now, it remains to be seen what happens with this case and many others that are associated with jog-with drift. Although Nintendo has been dealing with a series of cases of this type in recent years, many of them have stagnated at one time or another. As such, we will make sure to keep you informed here at comicbook.com if something more worth mentioning with these situations arises.
Have you been dealing with Joy-in deviation in recent years? And if so, what do you think of this new defense of Nintendo regarding these demands that have been presented? Let me know for yourself in the comments or communicate with me on Twitter in @ mooreman12.