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    Xbox One: Xbox controller lawsuit dropped from court

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    Elia Tabuenca García
    @eliatabuencagarcía

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    Source: Xbox

    BUT THE CSK & D LAW OFFICE REMAINS HOPE TO BE ABLE TO RECOVER THE DAMAGES



    A class action claiming that the Microsoft sold defective Xbox controllers has been referred to arbitration, confirmed law firm Chimicles Schwartz Kriner & Donaldson-Smith (CSK&D).

    The lawsuit, which was filed in April 2020, alleges that drifting issues – which see controller movements incorrectly registered due to wear and tear – have been experienced by a high volume of Xbox owners on various models.

    Microsoft issued statements in February calling for the case to be taken out of court through arbitration in hopes of having an impartial judge to resolve the disputes.

    Benjamin Johns, a partner at CSK&D, told The Loadout that the move to arbitration likely spells the "end of the road" because the case is now not expected to reach a public court.

    Source: Xbox

    Despite the setback, the CSK&D said it is moving forward in its attempt to recover damages to its customers, having acquired a “sufficient volume” of faulty controllers to help in the case, some of which it paid for.



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    Johns told The Loadout that the controllers are sent to "our specialist to examine and give an opinion on the root cause of the defect".


    The company's expert believes that, at least in the case of the controls of the Xbox One , the stick shift is caused by a flaw in the potentiometer design, which “translates the physical movement of the thumbstick into motion within the video game”, an issue lawsuits have been around since 2014.


    “In a general sense, the theory of these cases is that if the defect of the diversion had been disclosed, no reasonable consumer would have bought them,” Johns said.

    A Microsoft previously claimed that the plaintiffs have agreed to their Services Agreement, which provides that all disputes be resolved by arbitration.

    The company said the claimants agreed to the Services Agreement when they first subscribed to Xbox Live or when they purchased their controllers and used them, rather than returning them immediately.



    CSK&D is also behind controller misuse lawsuits Swith joy-Con e PlayStation 5 Dual Sense filed against Nintendo and Sony, respectively.

    As with Microsoft, the Switch lawsuit was brought to arbitration in March 2020, a situation the company hopes to prevent from happening again with the DualSense lawsuit.

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