A new development has come up in the Joy-Con drift class action lawsuit filed in 2019. In December 2019, the plaintiff tried to fight Nintendo’s request for arbitration, on the grounds that California law would keep it from being enforced. In addition, Nintendo was trying to have the case dismissed. Top Class Actions reported that Judge Thomas S. Zilly has now stated that the case will not be dismissed and will go to arbitration. [Thanks, Resetera!]
When a case goes to arbitration, someone impartial is brought in to help mediate the dispute between the plaintiff and defendant. The goal is to come to a settlement outside of the courtroom. In the case of Diaz’s Joy-Con drift class action suit, lawyers from both sides will come together to see if the arbitrator assigned to the case can help an arrangement be made. Zilly ruled that the arbitration clause that is present in the Nintendo Switch licensing agreement would be enforced.
After either arbitration is complete or December 31, 2020 arrives, an arbitration joint statement will be filed going over the outcome of the proceedings. Until then, the actual case is on hold.
Diaz v. Nintendo of America Inc was filed on July 19, 2019 at the US District Court for the Western District of Washington. It seeks recovery for the Joy-Con drift issue for the Nintendo Switch, alleging Nintendo was aware of the issue. In September 2019, the Nintendo Switch Lite model was amended into the suit.