Judge denies Nintendo's request to dismiss Joy-Con drift lawsuit, case heads to arbitration

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The Joy-Con controversy continues. New information is out regarding the class-action lawsuit, filed back in 2019 over players having to deal with their Switch Joy-Con analogue sticks defectively drifting. Nintendo recently tried to have the case dismissed, but the presiding United States District Judge rejected the attempt. While the lawsuit won't be disregarded, it instead will be headed to arbitration, despite the wishes of the plaintiff, who believed that arbitration wouldn't allow affected users to get injunctive relief, likely meaning Nintendo wouldn't be required to fix Joy-Con drift. The case moving to arbitration requires both the plaintiff (Ryan Diaz) and Nintendo to come to an agreement together, with the help of an impartial third party.

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Silent_Gunner

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Even as someone who hasn't experienced this problem, it's clear that Nintendo, especially with the whole situation with the coronavirus and the manufacturing delays (companies, take a hint: invest in manufacturing jobs in the United States! They're probably more in demand than you might expect for anywhere that's not Chicago, Los Angeles, or New York!), is like the guy in this video:

(anyone else get the vibe that the Onision case is gonna go nowhere with all of the drama and how played out it all is, btw?)
 
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JuanMena

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Nintendo:
giphy.gif


--------------------- MERGED ---------------------------

Even as someone who hasn't experienced this problem, it's clear that Nintendo, especially with the whole situation with the coronavirus and the manufacturing delays (companies, take a hint: invest in manufacturing jobs in the United States! They're probably more in demand than you might expect for anywhere that's not Chicago, Los Angeles, or New York!)

Even Florida?
 

DANTENDO

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I think this guy just trying to get money out of Nintendo - sort of guy who loses a life in mario and gets big rage and chucks his joycons at the wall lol
 
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Reecey

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You mean Mediation not “Arbitration”

Edit: Arbitration is a submission to settlement but the judge has already told them to Mediate which is when two parties come together and try to resolve there differences when the Solicitors act as the go between for both sides involved.
 
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I think this guy just trying to get money out of Nintendo - sort of guy who loses a life in mario and gets big rage and chucks his joycons at the wall lol
I think it's more than fair. They sue people for millions over games they don't even sell anymore, yet someone sues them for not taking ownership of their shoddy and cheaply produced hardware and it's just a "cash grab"? Lol. Which game company do you not defend to the death by the way?
 

skinnyBIGGS

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any joystick will drift.
small joysticks simply will drift earlier.
why is nintendo singled out in this?

there is no fix beyond making joycons much thicker, or cutting battery in halve to make more room for a larger joystick module
Because there controllers cost almost 100 dollars and have shown signs of drifting within days of playing handheld especially zelda and game that requires constant thumb movement on the joycon will cause drifting.. i have 3 sets all do the same drifting gave i and bought another 100 controller switch pro controller.. yes smaller joysticks can drift easier but not necessarly true for all joysticks.. i have 2 ps vitas that get played alot not one has a drift problem... nintendo is all about profit they knew and didnt care they figured becauae there detachable consumers wont mind but when these things cost as much as they do and fail at the rate th3y do nintendo should be held accountable.
 

DANTENDO

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I think it's more than fair. They sue people for millions over games they don't even sell anymore, yet someone sues them for not taking ownership of their shoddy and cheaply produced hardware and it's just a "cash grab"? Lol. Which game company do you not defend to the death by the way?
Out of all the joycons out ther thers prob less than 1% thts faulty or just aggressive use by the player and I don't want to see Microsoft at the top of the tree at console gaming as they should stick to pcs due to as you prob kno the xbox one name was total BS and the Series X with another x in the title is mor BS lol
 

OkazakiTheOtaku

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why is nintendo singled out in this?
Joy-cons are disproportionally affected.
I have 3 pairs of joycons that all drift, one pair within 2 months of owning them.
I sent a pair to Nintendo, they fixed them and sent them back, and in 3 months they're worse than they were before. And I take care of my stuff; I have hard shell cases and keep them dust free.

I also own 3 PS Vita consoles, some of which I've had for almost 8 years (and have abused by flicking them rigorously over hundreds of hours in Project Diva) and there is no defect whatsoever.
You're right, all sticks are technically susceptible-- but it's too common on the Joycons.
 

Chary

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You mean Mediation not “Arbitration”

Edit: Arbitration is a submission to settlement but the judge has already told them to Mediate which is when two parties come together and try to resolve there differences when the Solicitors act as the go between for both sides involved.
Uh, nope, I mean arbitration.

https://topclassactions.com/lawsuit...itch-joy-con-class-action-sent-to-arbitration

However, U.S. District Judge Thomas S. Zilly did agree to Nintendo’s request that the claims should be handled in arbitration.

A suit alleging Nintendo of America Inc. sold defective Nintendo Switch controllers will go to arbitration, after a Washington federal judge on Monday found the game company and console buyers had a valid arbitration agreement.

https://www.law360.com/productliabi...bitrate-joystick-dispute-but-can-t-dismiss-it
 
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troa11

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I'm confused the plaintiff is concerned Nintendo won't fix the issue, when Nintendo will fix any drifting joycon for free, free shipping with ZERO questions asked? I've had both of mine repaired already and they're fine.

Sure, it would be nice to repair the device specs so it doesn't happen, but that won't help the millions already in the wild. It's great that Nintendo is fixing them.
 

DANTENDO

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And I don't defend nintendo to the death a few times here I've called them a bunch of twats lol for not having an achievement system - some of ther games would sel much mor and I don't wanna go off topic so I'll leave it at tht
 

RHOPKINS13

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I've owned tons of controllers with joysticks. The only issues I've ever run into were on PS1 and N64 analog sticks, and in those cases the sticks got loose after many years of play, not really a "drift" problem. Never ran into any drift problems with my Gamecube, Xbox, PS2, or Wii U Pro controllers. If anything usually a cord will short out before I run into any problems with the analog sticks.

I have 4 joycons that all suffer from the drift problem, I've never experienced these problems with any other controller.
 

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Sure, it would be nice to repair the device specs so it doesn't happen
I mean, there's new Switch bundles coming out already, along with the Switch Lite that's still newish, and prone to drift. Probably wants to ensure Nintendo goes back to the drawing board to make sure the Joy-cons don't screw up like that ever again, but yeah, dunno how realistic that is, if it's the case.
 

orangy57

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Makes since that it isn't being dismissed, anybody that thinks this is less than a huge design flaw is pretty misled. I haven't even clocked in 250 hours on my switch over the past 2 years I've owned it yet somehow both of the sticks drift despite me being super gentle with them. If Nintendo just gave the option for everybody to increase the deadzone on the joycons that will always inevitably break after a bit of use, this would barely even be a problem.
 

kumikochan

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Nintendo trying to dismiss the case in court just shows how much anti consumer they've become lately. I've been saying it all along, hope this atleast opens up the eyes of some white knight fanboys

--------------------- MERGED ---------------------------

any joystick will drift.
small joysticks simply will drift earlier.
why is nintendo singled out in this?

there is no fix beyond making joycons much thicker, or cutting battery in halve to make more room for a larger joystick module
My daemon x controllers tell a different story
 

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