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Nintendo must have seen this coming

As was bound to happen, law firm Green Welling LLP filed a nationwide class action lawsuit on behalf of the owners of the Nintendo Wii against Nintendo of America. The class action lawsuit contends that the Nintendo Wii is defective in nature due to the wrist strap for the remote.

The statement from the firm says that Nintendo is in the wrong as owners of the Nintendo Wii who supposedly followed the material that accompanied the Wii console experienced broken wrist strap causing the remote to leave the user’s hand. The lawsuit seeks an injunction that requires Nintendo to correct the defect and to provide a refund to the purchaser or to replace the defective Wii remote.

“Nintendo’s failure to include a remote that is free from defects is in breach of Nintendo’s own product warranty,” the statement reads. “The class action lawsuit seeks to enjoin Nintendo from continuing its unfair or deceptive business practices as it relates to the Nintendo Wii.”

The class action lawsuit now awaits approval from a judge. Nintendo has already responded to wrist strap worries with stronger materials and safety reminders. Last week Nintendo started offering free wrist strap replacements for all Nintendo Wii owners, allowing its users to upgrade to the safer and hopefully less accident-prone equipment.

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RE: The only good lawyer is a dead lawyer
By masher2 on 12/20/2006 9:38:40 AM , Rating: 3
> "However the challenge is raising the barrier to prevent frivilous lawsuits while at the same time allowing keeping it low enough to allow poor people who have been injured to file them..."

The solution is simple. Keep the filiing barrier low, but require the plaintiff to pay defendant's legal fees if he loses the case. This shuts down the entire tortsploitation industry in one blow.

The problem, though, is that tort lawyers are one of the heaviest contributors to political campaigns.

RE: The only good lawyer is a dead lawyer
By Zirconium on 12/20/2006 10:06:00 AM , Rating: 2
The other problem is that if you throw enough money at it, you can win almost any case. If the loser-pays scenario was in effect, then companies would just throw a crapload of money to defend themselves and bankrupt the plaintiffs, even in situations where the lawsuit was just.

"So, I think the same thing of the music industry. They can't say that they're losing money, you know what I'm saying. They just probably don't have the same surplus that they had." -- Wu-Tang Clan founder RZA

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