Another class-action lawsuit against Nintendo over Joy-Con drift is being proposed in North America, but this case hinges on the question of whether or not two kids can sue the Japanese giant.
Lawyers for families suing Nintendo in the case 'Sanchez et. al. v. Nintendo of America' claim that an arbitrator has ruled that the two mothers involved in the legal action cannot proceed with a class-action suit. Given this ruling, the mothers have now decided to press on – with their children filing the suit.
This new development comes at a time when the whole drama surrounding Joy-Con drift – an issue where the analogue sticks on the Switch's controllers pick up input even when the user has stopped touching them – has largely died down. Cases filed in 2019 and 2020 have stalled following Nintendo's free repair program, which will repair or replace any impacted Joy-Con – but the console's somewhat watertight End User License Agreement has also proven to be a stumbling block for potential legal cases.
Nintendo has successfully managed to put many of the suits into arbitration as it claims that customers impacted by the issue will have 'digitally signed' the console’s End User License Agreement when they bought the system, and this agreement includes a waiver on pursuing any class-action suits.
An age limit of 18 is also noted – which is crucial in this particular case, as the Sanchez lawyers claim that the children cannot be bound by the terms of the EULA because of their age.
As you might imagine, Nintendo's lawyers have responded by stating that the kids cannot sue since they didn't actually buy the hardware.
Regardless, the Sanchez lawyers are asking the court to allow the suit to proceed on behalf of the children. It was previously put on hold in 2021 pending arbitration. The case will go before a federal judge in California on Thursday.