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Society & Culture
Virtual Legality Episode 76

NINTENDO SUED! What You Need to Know from the Joy-Con Drift Lawsuit

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2y Jul 19, 2019
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The law firm of Chimicles, Schwartz Kriner & Donaldson-Smith (CSK&D) has brought a lawsuit on behalf of plaintiff Ryan Diaz against Nintendo of America.

The case? Allegations that Joy-Con "drift" issues some Switch users are experiencing were a known manufacturing defect and thus a breach of Nintendo's warranty as well as federal and California law.

What is "drift" and why might it be a defect in the manufacture of the Nintendo Switch Joy-Con?

What is the legal basis for the claims made against Nintendo?

How do class actions work, how is a lead plaintiff determined, and how does the strength of his claim reflect upon the class on the whole?

What is Nintendo's warranty policy, and was it really breached if Nintendo repaired and replaced the lead plaintiff's Joy-Con as it promised to do?

And much much more!

Let us know if we drift a bit, here in...Virtual Legality.

#Nintendo #JoyCon #Lawsuit


Discussed in this episode:

"LAW FIRM OPENS SWITCH JOY-CON DRIFT CLASS ACTION LAWSUIT INVESTIGATION"
GoNintendo - July 18, 2019 - RawMeatCowboy
(https://www.gonintendo.com/stories/340345-law-firm-opens-switch-joy-con-drift-class-action-lawsuit-investig)

"CSK&D FILES CLASS ACTION LAWSUIT AGAINST NINTENDO OF AMERICA, INC. RELATING TO JOY-CON “DRIFTING” ISSUES"
CSK&D Press Release - July 19, 2019
(https://chimicles.com/cskd-files-class-action-lawsuit-against-nintendo-of-america-inc-relating-to-joy-con-drifting-issues/)

Diaz vs Nintendo of America
Class Action Complaint - Filed July 19, 2019
(https://chimicles.com/wp-content/uploads/2019/07/Class-Action-Complaint-Nintendo-Joy-Con.pdf)

"Warranty Coverage"
Nintendo Website
(https://www.nintendo.com/consumer/manuals/warrantyinfo.jsp)

Warranty and Service Information (English)
Nintendo Website
(https://www.nintendo.com/consumer/manuals/warrantytext_eng.jsp)

"Study Shows Consumer Class-Action Lawyers Earn Millions, Clients Little"
Forbes - December 11, 2013 - Daniel Fisher
(https://www.forbes.com/sites/danielfisher/2013/12/11/with-consumer-class-actions-lawyers-are-mostly-paid-to-do-nothing/#550e6ab41472)

WITH MORE HOEG LAW ANALYSIS AT:

"Nintendo faces class action over drifting Joy-Con controllers"
GameDailyBiz - July 19, 2019 - James Brightman
(https://gamedaily.biz/article/1059/nintendo-faces-class-action-over-drifting-joy-con-controllers)


PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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