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This lawsuit will depend heavily on whether they can prove that the DS' power adapter has a design flaw or was manufactured in a flawed way ...

Personally, with how low power flows through that adapter and how fires from the DS' power adapter I don't really expect that there is a design flaw. It is possible that there is a manufacturing defect, because all products can have manufacturing defects, and if that is the case Nintendo will probably settle out of court to reduce the potential payout and limit legal fees.