A federal judge in Washington has rejected Nintendo’s request to have a Nintendo Switch console defect class action lawsuit dismissed.

However, U.S. District Judge Thomas S. Zilly did agree to Nintendo’s request that the claims should be handled in arbitration. Instead of throwing out the Nintendo Switch Joy-Con console class action lawsuit entirely, he merely stayed the case while it undergoes arbitration.

The customer who had filed the Nintendo Switch class action lawsuit had opposed the attempt at arbitration in a December motion. The customer had argued that a previous decision made in the California Supreme Court invalidated an arbitration agreement because it prevented parties from seeking injunctive relief — relief from future harm.

Despite the plaintiff’s best efforts, Judge Zilly rejected the attempt. According to the judge, when customers purchased the Nintendo Switch consoles, they were locked into a valid arbitration agreement. The agreement was valid because it did not prevent consumers from seeking injunctive relief, according to Judge Zilly.

Additionally, the judge stated that this agreement allows the arbitrator to “grant whatever relief would be available in a court under law or equity.” He called their reliance on the previous court decision “misplaced.”







Although the judge sent the case to arbitration, he refused to dismiss the Nintendo Switch drift problem class action lawsuit. Instead, Judge Zilly decided to put it on hold until the outcome of the arbitration had been established.

Per the court’s direction, the customers and Nintendo will file a Joint Status report within 14 days of completing arbitration, or by Dec. 31, 2020, whichever deadline is earlier.

The Nintendo Switch class action lawsuit was filed by Ryan Diaz, a customer who claims that the Joy-Con controllers in the Switch gaming system are defective.

The alleged defect is described as a “drift,” because it causes the controller to register movement without a user controlling it – moving the input in a drifting fashion.

Allegedly, Nintendo was aware of the problem, but continued to advertise and sell the product as if it were free from defects. To support his claim that company knew about the defects, Diaz said that many customers have complained about the problem in online forums and have contacted the company about repairing the devices.







Diaz aimed to hold Nintendo liable for the financial injury caused to customers, as well as liable for violation of several California laws. According to Diaz, the company should provide free repairs or replacements to compensate consumers for the problem.

Do you use Nintendo gaming systems? Why do you choose them? Tell us about your opinions in the comments below.

Diaz is represented by Kim D. Stephens, Jason T. Dennett, and Kaleigh N.B. Powell of Tousley Brain Stephens PLLC and Benjamin F. Johns, Andrew W. Ferich and Alex M. Kashurba of Chimicles Schwartz Kriner & Donaldson-Smith LLP.

The Nintendo Switch Joy-Con Console Drift Defect Class Action Lawsuit is Diaz v. Nintendo of America Inc., Case No. 2:19-cv-01116, in the U.S. District Court for the Western District of Washington.