Nintendo Strikes Back Against Switch Joy-Con Drift Lawsuit With New Defense

Nintendo continues to fight an ongoing class action lawsuit that was filed against the game company over Joy-Con drift issues with Nintendo Switch controllers. Over the past couple of years, Nintendo has faced a number of lawsuits filed against the company due to the controller defect found in Joy-Cons. And while the lawsuit is still pending, Nintendo has now found a new defense to some of those claims.

According to a report by Axios, Nintendo’s attorneys recently argued in a case (Sanchez et. al. v. Nintendo of America) that some people suing the company lacked standing because those affected by the issue of the Joy-Con drift are children. Essentially, Nintendo asserted that the children cannot sue the company because they “allege no recognizable harm to themselves.” Additionally, 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 agree.

At this point, an arbitrator actually ruled in favor of Nintendo’s defense and said that two mothers representing the children in question could not file a class action lawsuit. Lawyers representing those plaintiffs, however, pushed back against that decision and pushed for a federal judge to review 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 dealt with a number of such cases over the past couple of years, many of them have stalled at one point or another. As such, we’ll be sure to update you here at if anything else of note happens with these situations.

Have you faced Joy-Con drift on your own in the past few years? And if so, what do you think of this new Nintendo defense against these lawsuits that have been filed? Let me know for yourself in the comments or hit me up on Twitter at @MooreMan12.

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