Diaz v. Nintendo of America, Inc., No. 2:19-cv-01116-TSZ (W.D. Wash)
Chimicles Schwartz Kriner & Donaldson-Smith LLP (“CSK&D”) filed a class action against Nintendo of America, Inc. (“Nintendo”) for claims relating to alleged defects in the Joy-Con controllers that are part of Nintendo Switch gaming consoles. The complaint, filed in the United States District Court for the Western District of Washington, alleges that the joysticks on Joy-Con controllers are defective, leading users to experience drift issues. Drifting refers to when the joystick on the Joy-Con controllers automatically registers movement when the joystick is not being controlled by the user. Drifting can interfere significantly with gameplay. CSK&D, along with co-counsel, was appointed interim co-lead counsel.
The Court has compelled the case to arbitration, although it declined to dismiss the case. CSK&D is currently working to pursue the case through the arbitration process. Please periodically check back for updates.
