Taniguchi v. Kan Pacific Saipan
February 21, 2012
Case #: 10-1472
633 F.3d 1218 (9th Cir. 2011)
Full Text Opinion: http://scholar.google.com/scholar_case?case=16406735617148655184&hl=en&as_sdt=2&as_vis=1&oi=scholarr
Civil Procedure: (Whether an award of costs for interpretation includes costs for translation of documents.)
While touring Kan Pacific Saipan property, Taniguchi, a professional basketball player, fell through a wooden deck and suffered injury to his leg. Taniguchi filed a negligence action against Kan Pacific Saipan. The court ruled in favor of Kan Pacific Saipan's motion for summary judgment and awarded costs. The Court of Appeals ruled that this award includes the cost incurred by Kan Pacific Saipan for interpretation of translating documents from Japanese into English.
Petitioner Taniguchi argues that a plain reading distinguishes "interpretation" from "translation," and while compensation for the former is expressly permitted in the Court Interpreters Act, the latter is not. Taniguchi also argues that legislative intent reflects a narrow reading of the statute, and any cost-shifting statute should be narrowly construed.