Rather than actually mentioning the lawsuit directly, Nintendo’s statement focuses on the drift problem:

Nintendo’s support page was updated and now features links to pages addressing various Joy-Con problems, including drift and connection trouble. As always, should the troubleshooting tips provided fail to fix the problem, Nintendo asks that consumers send their Joy-Con — not the console — in for repair.

We want our consumers to have fun with Nintendo Switch, and if anything falls short of this goal we always encourage them to visit http://support.nintendo.com so we can help.

Whether those repairs will permanently resolve the issue isn’t certain, though. In fact, that potential for drift to return soon after repair is part of the inspiration behind the current lawsuit.  

How this issue will be resolved should it still be present with the Nintendo Switch Lite and its permanently attached Joy-Con is another matter entirely.