A class-action law­suit which alleges that Microsoft know­ing­ly dis­trib­uted poor­ly-designed con­trollers has moved to arbi­tra­tion. Microsoft want­ed to set­tle the case through an impar­tial adju­di­ca­tor back in February.

The law­suit, which was orig­i­nal­ly filed in April 2020 by US law firm Chim­i­cles, Schwartz Kriner, & Don­ald­son-Smith (CSK&D), claims that many Xbox play­ers have report­ed “stick drift” from nor­mal use. CSK&D’s suit alleges this drift is due to a man­u­fac­tur­ing flaw, and pub­licly stat­ed that they have a “suf­fi­cient vol­ume” of defec­tive con­trollers to sup­port their claims. In an inter­view with The Load­out, the law firm acknowl­edges the con­trollers were obtained in return for an undis­closed fee.

An expert who exam­ined the con­troller claimed the stick drift is caused by an issue with the con­troller’s poten­tiome­ter, which is “the mech­a­nism that trans­lates the phys­i­cal move­ment of the thumb­stick into move­ment with­in the video game.” Stick drift is not a Microsoft-only issue: both con­sole man­u­fac­tur­ers Nin­ten­do and Sony are fac­ing the same kind of law­suits. The Joy-Cons are par­tic­u­lar­ly bad, as the sheer amount of pub­lic out­cry because of the price of these con­trollers, led Nin­ten­do’s pres­i­dent to apol­o­gize for the prob­lem.