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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Viri

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Good, if Nintendo actually cared, they would have kicked around Nintendo of Europe, and told them to offer fixes for free, like the US has.
 

Clydefrosch

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Just for those interested, here's a comparison between the old style joycon stick (right) and the new style (left) with some visible differences. They also have different part numbers and a different shell. Screenshot courtesy of Tronixfix, very good channel on YouTube, can recommend. :)

View attachment 199220

In any case, it seems Nintendo is actively investigating ways of making the sticks more durable, which is good.

it's the same mechanic, the same parts rubbing against each other as before, with the same issue of rubbing being very concentrated leading to deterioration.

this isn't a new part revision ,it's just from a different supplier. this is a mass produced part after all

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

Good, if Nintendo actually cared, they would have kicked around Nintendo of Europe, and told them to offer fixes for free, like the US has.
the only reason they did this in the us is to undermine that lawsuit. it was a preemptive move so they wouldn't have to waste too much time in courts.
no lawsuit in the EU means no free fixes.
 

Viri

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the only reason they did this in the us is to undermine that lawsuit. it was a preemptive move so they wouldn't have to waste too much time in courts.
no lawsuit in the EU means no free fixes.
Yup, if Nintendo gave everyone free joycon drift fixes, and admitted they fucked up, I'd have a bit more pity for them.
 

Foxi4

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it's the same mechanic, the same parts rubbing against each other as before, with the same issue of rubbing being very concentrated leading to deterioration.

this isn't a new part revision ,it's just from a different supplier. this is a mass produced part after all
Of course, the mechanism does work the same way. With that said, keep in mind that the PSVita used the same style of mechanism (minus the dome button), as did the PSP and the 3DS (although the assembly was very different as the two operated as sliders) and we didn't see nearly as many faulty units. This is, in my opinion, a materials issue. With that said, the mechanism itself is indeed flawed and inherently more fragile since the force is directed downwards onto the tracks, unlike in a traditional stick where the potentiometers are on each side of the assembly. Traditionally the wipers rotate radially on the carbon race, in the joycons they're doing a back and forth "matchstick" motion. The larger sticks are more durable, but also much more bulky, so this is a trade-off.
 

PiracyForTheMasses

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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?)

Yea, invest in manufacturing in America, so the price of consoles will cost 75% more. You are clueless. You also fail to realize that Nintendo has been moving production of the switch out of China.

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

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.
Except Nintendo did not start fixing joycons for free until after legal action had already been taken. If it weren't for legal action Nintendo would still be in denial.

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

Ive never seen a brand new switch have this problem

Ive never seen a well taken care of switch have this problem

I always see this on nasty switches brought in - Mostly from kids

Wear and tear and mishandling of the hardware is the cause

Nin should not have to be dealing with this
You are 100% clueless. New Switches come with defective joycons all the time. If Nintendo did no wrong, then why are they fixing joycons for free after legal action was taken against them? Tell us again about your personal opinion. Oh wait, no one cares about your opinion. Idiotic people like you are a huge problem with today's world. You think opinions, lies, rumors are fact. If you do NOT have first hand experience, don't open your mouth, it's that simple. The world would be a better place & a lot less misinformation/fake news would be spread.
 

dimmidice

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YES! Nintendo has to learn that we won’t keep quite about flaws and us having to waste time and money to play their console. It should be a one time purchase. No more.
It's going to arbitration. Which means the third party's gonna go "replace their joy cons" and done. It's not gonna change anything.
 

AkiraKurusu

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Whatever; people should use better controllers than this.
Like the Wii U Pro Controller; surely Magic-NS would work with the "Mariko" red box units. Best Nintendo controller ever made, that; shame it's so hard to buy one nowadays.
 

64bitmodels

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Those little shits have deserved this. Ever since iwata died nintendo has just been getting more and more scummy.
I remember someone making a post on youtube or something that i really agree with. i'll paraphrase it here
"it seems there's 2 sides to nintendo- the one making quality content and groundbreaking software & hardware, and the old scumbags there which keep holding the company back because of poor managing.
I honestly wish that the "quality content and groundbreaking software & hardware" part moved to sony. Or we get rid of the "old scumbags there which keep holding the company back because of poor managing" part and replace them with more reliable loveable people.
 

ShadowOne333

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Those little shits have deserved this. Ever since iwata died nintendo has just been getting more and more scummy.
I remember someone making a post on youtube or something that i really agree with. i'll paraphrase it here
"it seems there's 2 sides to nintendo- the one making quality content and groundbreaking software & hardware, and the old scumbags there which keep holding the company back because of poor managing.
I honestly wish that the "quality content and groundbreaking software & hardware" part moved to sony. Or we get rid of the "old scumbags there which keep holding the company back because of poor managing" part and replace them with more reliable loveable people.
100% true.
Nintendo ony gives their "family friendly" face to the media, but behind that they're nothing but a bunch of assholes that are taking a shit on the fanbase.
 

zoogie

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I don't know what basis for a lawsuit exists when warranty service will take care of the alleged grievance.
(unless nintendo is actually refusing to fix these, in which case the lawsuit has merit).
 
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Foxi4

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Those little shits have deserved this. Ever since iwata died nintendo has just been getting more and more scummy.
I remember someone making a post on youtube or something that i really agree with. i'll paraphrase it here
"it seems there's 2 sides to nintendo- the one making quality content and groundbreaking software & hardware, and the old scumbags there which keep holding the company back because of poor managing.
I honestly wish that the "quality content and groundbreaking software & hardware" part moved to sony. Or we get rid of the "old scumbags there which keep holding the company back because of poor managing" part and replace them with more reliable loveable people.
Nintendo has always been very cutthroat as a business - they've been involved in a number of lawsuits and fined both by the FTC and EU for price fixing. This dates back all the way to 1991, it's really not "news", although the sharp decline in product quality is certainly noticeable as of late. They've never been a "magical toy company", that image is the result of their excellent PR and advertising.
 
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medoli900

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Eh. The only issue I got with my Joycon were the charging issue, which was fixed by a Joycon update.
On the other hand, I had to buy four different Vita joystick until I found one that didn't drift from the get-go (fortunately, I was reimbursed for the defective one).

I have my speculation about why Nintendo is singled out, when both Vita and Switch use the almost exact identical stick; Popularity in NA. Vita wasn't popular there, so they went under the radar, while the Switch is the new hot thing in NA, so of course the lawsuit went where the money was.
 
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Why are people suing Nintendo over defective hardware, could the not return their purchase?
 

UltraDolphinRevolution

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They should have just used circle pads. Alternative bigger Joycons should have featured thumb sticks.

Their main problem is fighting the consumer instead of attracting him.
They had a big chance with the Virtual Console to make people build up an online library (similar to Steam) and get people away from rom sites. But instead they milk a few elite fans who are willing to buy OoT 3 times or more for 10$ each. They stop projects that are a love letter to their franchises even though they are non-profit. They wanted to have a share of youtube income from their fans playing their games etc pp.
And not to mention the prices of their online games (compared to retail).
They just suck at serving consumers and it will bite them one day.

Why are people suing Nintendo over defective hardware, could the not return their purchase?
I don´t know the details but I assume Nintendo was not willing to deliver repairs or new Joycons. Suing is the final step.
 
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64bitmodels

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They should have just used circle pads. Alternative bigger Joycons should have featured thumb sticks.

Their main problem is fighting the consumer instead of attracting him.
They had a big chance with the Virtual Console to make people build up an online library (similar to Steam) and get people away from rom sites. But instead they milk a few elite fans who are willing to buy OoT 3 times or more for 10$ each. They stop projects that are a love letter to their franchises even though they are non-profit. They wanted to have a share of youtube income from their fans playing their games etc pp.
And not to mention the prices of their online games (compared to retail).
They just suck at serving consumers and it will bite them one day.


I don´t know the details but I assume Nintendo was not willing to deliver repairs or new Joycons. Suing is the final step.
And this is why I hate corporations. They do such anti consumer moves but they always get away with it because they're the only option. People like you and other smart people need to the the CEOs of these companies, not those washed out assholes suing a rom website for games that they don't even sell.:hateit:
 
Last edited by 64bitmodels,

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