If you think the lawyers are immature, you should see the plaintiffs in this case. I’m Amy E. Feldman.

Several lawsuits have been filed against Nintendo on the basis of a faulty controller in the gaming system. But efforts to create a class action lawsuit against Nintendo have largely failed because Nintendo has argued the software license agreement the plaintiffs—in this case, mothers who’d bought the gaming system for their kids—had to agree to in order to get to use the system says all claims have to be arbitrated and you can’t file a class action lawsuit in arbitration. 

But the mothers say their kids can’t be bound by that license agreement since they’re minors and, in most states, contracts entered by minors are not legally enforceable. Nintendo argues that since the kids weren’t the ones who bought the gaming system, they don’t have the right to bring the suit. The issue is being argued right now in court, so we’ll soon see if it’s Mario time—or Mario’s time to pay up.

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