![]() ![]() Since the users were young kids, 9 or 10 years old, the only way for Nintendo to have the upper hand in the lawsuit was if they were able to prove that the adults were the real owners of the Nintendo Switch. The EULA is only legally binding if the user is 18 years old or above. While this should have been enough to win the case, there was one huge issue. The EULA made it possible for Nintendo to discredit the lawsuit as it includes a waiver on pursuing any class-action suits against the company. In this case, Nintendo would be the owner, and the plaintiffs would be the end users. ![]() The EULA is a legally binding contract between the owner of a product and the end user. The lawsuit was taken to court however, the Plaintiffs did not take into account the End-user license agreement. It continues, “Defendant has had a financial motive to conceal the defect, as it did not want to stop selling the Products, and/or would need to expend a significant amount of money to cure the defect.” Luz Sanchez believed it was too little too late.Īs per Wired’s reporting, Luz Sanchez’s lawyer put out a statement that said, “ Defendant continues to market and sell the Products with full knowledge of the defect and without disclosing the Joy-Con Drift defect to consumers in its marketing, promotion, or packaging,” While Nintendo was actively trying to fix the issue, even the company’s president made a public statement apologizing. This caused her to take matters to court. Luz Sanchez alleged that she bought her son the Nintendo Switch multiple times, and each time they had noticed a drift. ![]() Since the plaintiffs were underage, the case was brought by their guardians, Luz Sanchez and Dolly Viera. The plaintiffs included two minors named M.S (male) and A.D (female). In the midst of the drifting Joy-Con fiasco, Nintendo was hit by putative class action. Furthermore, a French consumer advocacy group filed a similar action suit. Interestingly, a Canadian law firm Lambert Avocats filed a class action lawsuit for the entire region of Quebec. He said, “I think social media has amplified this to be larger than it actually is.” While speaking to GameDaily, an attorney (Brandon J Huffman) for the Odin Law and Media gave his two cents about the situation. In just a few days, videos of the Joy-Con drifting were all across social media, making it seem like a lot of people who owned the Nintendo Switch had the same issue. This happens when the controllers continue registering movement even though the controller is not being actively touched. While this lawsuit may have lasted two decades, thankfully, the Joy-Con Drift Lawsuit did conclude comparably faster.Īccording to Video Games Chronicle, in 2019, many Nintendo Switch users had been facing the issue of their Joy-Con controllers drifting. BBC reported that apparently, Nintendo had used his name and signature image, making him into an “evil, occult Pokémon character.” The lawsuit centered around the idea that Nintendo had used Uri Gelle to make their Kadabra Pokémon card. While most of their lawsuits have settled over the span of a couple of years, there is, in fact, a Nintendo lawsuit that has lasted over 20 years.Īccording to The Guardian, a magician filed a lawsuit over Pokemon cards. In an article written by TheGamer, they talk in-depth about some of the most famous lawsuits that the company has filed and won over the years. While the book was first published back in 1993, it is safe to say the company has not strayed too far off. In fact, in the popular book Game Over, Press Start to Continue: How Nintendo Conquered the World, the authors talk about numerous lawsuits that the company had gone through. Nintendo has a lot to be proud of they have made some of the most popular video games and have had a direct hand in steering pop culture however, many people would agree that the accomplishment they should be most proud of is their lawyer’s ability to win lawsuits.Īt this point, Nintendo and class action lawsuits seem to be synonyms. The case was dismissed twice as the plaintiffs were unable to prove their claim in court.Two minors named M.S (male) and A.D (female), as well as their guardians, Luz Sanchez and Dolly Viera brought a class action lawsuit against the company.This issue was first noted back in 2019, and the company was actively fixing the issue.Nintendo is once again hit by a class action lawsuit over their Joy-Con drifting. ![]()
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