BIG PICTURE Back in April, we wrote about Nintendo’s motion to compel arbitration in another Joy-Con lawsuit in the Western District of Washington. This class-action lawsuit against Nintendo of America was brought in Alabama federal court, on behalf of Alabama residents who purchased a Nintendo Switch console or Joy-Con controllers for an alleged defect known as “drifting.” Nintendo moved to dismiss or, in the alternative, to stay the action and compel arbitration. The court stayed the case and compelled arbitration, noting that Nintendo could raise its motion to dismiss again in the arbitration. This ruling shows, yet again, the importance of a well-drafted EULA.