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The Supreme Court reconvenes this week to begin its 2011-2012 term. While the docket is full of well-publicized cases, the less heralded case, Taniguchi v. Kan Pacific Saipan, LTD, 633 F.3d 1218 (9th Cir. 2011) may have an untold impact on the extent to which courts can award prevailing parties their litigation costs. The Supreme Court granted certiorari to resolve a circuit split among the 6th, 7th and 9th Circuits regarding whether district courts can use 28 U.S.C. § 1920(6) to allow a prevailing party to recover the money spent for translating documents into another language. However, if the court addresses the reasoning that underlies Taniguchi, the potential impact of the case can reach well beyond the victor recouping its costs for using an interpreter; it can affect how parties conduct discovery as a whole.

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