Tech your username 3 days ago Nintendo of America Inc. prevailed in its motion to compel arbitration in a product defect suit alleging that the Nintendo Switch video game consoleâs Joy-Con controllers are flawed. The Western District of Washington claimant, a minor who brought the suit through his guardian, will now have to arbitrate his claims. According to the courtâs Thursday opinion, the Switch was released for sale in March 2017. Its standard packaging states that by using the Switch, the gamer agrees to Nintendoâs End-User License Agreement (EULA), which contains an arbitration provision, and provides the web address at which the EULA is available. Also, when users power up the Switch for the first time, they are informed of the EULA.