While previous Joy-Con drift class-action lawsuits have fizzled out over the years, a new contender has come into play. The thing is, this lawsuit is also facing struggles in moving forward, and everything depends on two children.

Two families are out to sue Nintendo over Joy-Con drift issues, but an arbitrator has stated that the two mothers of these children cannot proceed. This is because Nintendo’s lawyers are saying that children don’t have standing to sue since they didn’t buy the Switch, “and allege no cognizable harm to themselves.”

The lawyers for the families are asking that the lawsuit continue, with the mothers proceeding on behalf of the children. With a federal judge set to look at the case on Thursday, we should be hearing more about this very soon.

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2+ y ago

The lawyers are absolutely bungling this case. First they chose a plaintiff who let her 8-year-old set up the Switch, even though he couldn't legally agree to the EULA. Then, to apparently correct that problem, they found a second plaintiff who ALSO let her minor child set up the Switch.

Meanwhile, whoops—it turns out there's a version of the EULA on the box, so the parents actually DID agree to it by purchasing the console. Neither the plaintiffs nor their lawyers were aware of this before filing the lawsuit. So now the parents are stuck in arbitration pursuant to the EULA, and they're trying to argue that the kids should be able to proceed in federal court on their own, even though they're legally too young to agree to the EULA.

Absolute s-show.