Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A federal judge in Washington has rejected Nintendo’s request to have a Nintendo Switch console defect class action lawsuit dismissed.
However, U.S. District Judge Thomas S. Zilly did agree to Nintendo’s request that the claims should be handled in arbitration. Instead of throwing out the Nintendo Switch Joy-Con console class action lawsuit entirely, he merely stayed the case while it undergoes arbitration.
The customer who had filed the Nintendo Switch class action lawsuit had opposed the attempt at arbitration in a December motion. The customer had argued that a previous decision made in the California Supreme Court invalidated an arbitration agreement because it prevented parties from seeking injunctive relief — relief from future harm.
Despite the plaintiff’s best efforts, Judge Zilly rejected the attempt. According to the judge, when customers purchased the Nintendo Switch consoles, they were locked into a valid arbitration agreement. The agreement was valid because it did not prevent consumers from seeking injunctive relief, according to Judge Zilly.
Additionally, the judge stated that this agreement allows the arbitrator to “grant whatever relief would be available in a court under law or equity.” He called their reliance on the previous court decision “misplaced.”
Although the judge sent the case to arbitration, he refused to dismiss the Nintendo Switch drift problem class action lawsuit. Instead, Judge Zilly decided to put it on hold until the outcome of the arbitration had been established.
Per the court’s direction, the customers and Nintendo will file a Joint Status report within 14 days of completing arbitration, or by Dec. 31, 2020, whichever deadline is earlier.
The Nintendo Switch class action lawsuit was filed by Ryan Diaz, a customer who claims that the Joy-Con controllers in the Switch gaming system are defective.
The alleged defect is described as a “drift,” because it causes the controller to register movement without a user controlling it – moving the input in a drifting fashion.
Allegedly, Nintendo was aware of the problem, but continued to advertise and sell the product as if it were free from defects. To support his claim that company knew about the defects, Diaz said that many customers have complained about the problem in online forums and have contacted the company about repairing the devices.
Diaz aimed to hold Nintendo liable for the financial injury caused to customers, as well as liable for violation of several California laws. According to Diaz, the company should provide free repairs or replacements to compensate consumers for the problem.
Do you use Nintendo gaming systems? Why do you choose them? Tell us about your opinions in the comments below.
Diaz is represented by Kim D. Stephens, Jason T. Dennett, and Kaleigh N.B. Powell of Tousley Brain Stephens PLLC and Benjamin F. Johns, Andrew W. Ferich and Alex M. Kashurba of Chimicles Schwartz Kriner & Donaldson-Smith LLP.
The Nintendo Switch Joy-Con Console Drift Defect Class Action Lawsuit is Diaz v. Nintendo of America Inc., Case No. 2:19-cv-01116, in the U.S. District Court for the Western District of Washington.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
215 thoughts onNintendo Switch Joy-Con Class Action Sent To Arbitration
Add me
Add me, have had continued problems with my kids controllers.
Please add me to this list. I have bought four sets of controllers and they all have drifting issues.
Nintendo is selling a defective product and is not addressing the repairs for it properly either.
I hope the courts sides with the customers (such as I ) who were wronged in this.
Their controllers are experiencing a “drift” at too fast and too soon of a rate and they are not offering adequate service to fix it either.
Please add me to the lawsuit
Please add me to your list. I bought this last Christmas for my 12 year old son.
Please add me. I’ve bought two sets of replacements and my son gets so frustrated with the drift!
Add me
I’m a loyal Nintendo customer and past that loyalty on to my children. I just learned about class action from my son. We got our Switch when it came out. After a year of calibrating and never quite fixing “drift” finally bought second pair. Second pair has started to drift. I would really like the original joy con I bought with our Switch to work again.
Please add me. my son’s controller does that all the time