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Yes, Switch continues to enjoy success and 55 million consoles sold so far confirm it, however, the Japanese company still has not got rid of the problem that affects its Joy-Con controls, the infamous “Joy-Con drift”, since lawsuits filed by users continue on their way. Despite this, an important precedent may soon be set because in one of those legal conflicts, Nintendo has benefited although it still cannot claim victory.
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According to a Bloomberg Law report, an Illinois District Court judge found that Zachary Vergara, a user who sued Nintendo over the “Joy.Con drift” issues, should consult through arbitration if his claims are adequate and being heard. leading in the corresponding instance. According to the information, after Vergara sued Nintendo last August, the company brought the lawsuit to federal court, where it argued that the plaintiff was under an end-user agreement that he agreed to when he purchased and activated the console, where he was awarded the figure of arbitrator to settle disputes arising from Nintendo products.
What does this mean? Generally speaking, Vergara and Nintendo can resolve the matter through an arbitrator and not in court, implying that the Switch user’s lawsuit, which includes damages, violations of consumer laws and other things, could be dismissed. That sense, Vergara previously indicated that his case is special, so he refuses to fulfill the role of arbitrator that Nintendo granted him by accepting the user agreement.
For his part, Judge Gary Feinerman noted: “Vergara correctly observes that a party cannot be required to arbitrate a dispute that it has not agreed to submit to that instance. However, that principle does not require the court, rather than the arbitrator , decide whether your claims should be arbitrated. In entering into an arbitration agreement incorporating Rules AAA, the parties delegated to the arbitrator the question of whether or not Vergara’s claims should be arbitrated. “
This fact represents a triumph for Nintendo after a court in Washington D.C. last March. It will reject Nintendo’s request to dismiss the class action lawsuit by Chimcles Shwarts Kriner & Donalds-Smith, who represent Switch users affected by the “Joy-Con drift.”
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