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Rab said:
VAMatt said:

You're certainly correct that we haven't had enough time to see the extent of it.  But, the fact that it is happening in nearly brand new units doesn't.  There is enough evidence that it is still occuring, and that's it's basically the same issue, for the lawyers to lump it into the big lawsuit.  

Of course, lawyers want to lump in anything they can.  But, they certainly aren't making it up out of thin air.  Doing that could seriously screw up the entire case, which is not a risk that would be taken.  

It's kind of a strange case as Nintendo are fixing this issue for free even when out of warranty every time it's requested by the customer

I'm assuming this case is lawyer driven for their own profit motive as I doubt any benefit for the customer will come out of it that's not already supplied by Nintendo's free repair, as for the Lite I don't think those few cases of drift is wear and tear as its on new units, it's more just regular manufacturing faults that Nintendo will fix free anyway    

Right.  And, that's the problem.  Nintendo knows there's a problem, yet they continue to sell hardware with the problem included.