Nintendo is continuing to fight back against an ongoing class-action lawsuit that has been filed against the gaming company as a result of Joy-Con drifting issues with the Nintendo Switch controllers. Over the past couple of years, Nintendo has been dealing with a number of lawsuits that have been levied at the company associated with the thumbstick defect found in Joy-Cons. And while the lawsuit is still going through the legal process, Nintendo has now found a new defense against some of these claims.
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According to a report from Axios, Nintendo’s lawyers have recently argued in a case (Sanchez et. al. v. Nintendo of America) that certain individuals suing the company have no standing because the ones affected by the Joy-Con drift issue are children. Essentially, Nintendo has claimed that children cannot sue the company because they “allege no cognizable harm to themselves.” In addition, Nintendo’s defense cited that the End User License Agreement (EULA) that Switch users must acknowledge before using the system states that they must be over the age of 18 to accept.
At this point in time, an arbitrator has actually ruled in favor of Nintendo’s defense and has claimed that two mothers representing the children in question cannot proceed with a class-action lawsuit. The lawyers representing these plaintiffs have pushed back on this ruling, though, and have pushed 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 Joy-Con drift. Although Nintendo has been dealing with a number of cases of this type over the past couple of years, many of them have stalled out at one time or another. As such, we’ll be sure to keep you in the loop here on ComicBook.com if anything else noteworthy comes about with these situations.
Have you been dealing with Joy-Con drift for yourself over the past few years? And if so, what do you think of this new defense from Nintendo in regard to these lawsuits that have been brought forth? Let me know for yourself either down in the comments or reach out to me on Twitter at @MooreMan12.
