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Civil Procedure

May 14, 2026

The crisis of incivility requires immediate judicial attention

In an era of overwhelming federal dockets and increasingly aggressive discovery practice, swift judicial intervention remains one of the few effective tools for preserving professionalism and the integrity of the process.

Santa Ana

Scott C. Clarkson

Judge

Bankruptcy

Scott C. Clarkson is a U.S. bankruptcy judge in the Central District of California.

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The crisis of incivility requires immediate judicial attention
Shutterstock

In March 2026, counsel in the Uber passenger sexual assault multidistrict litigation pending in the Northern District of California filed a motion seeking to bar an attorney from further participation in the proceedings after what was described as extraordinary misconduct during a discovery meet-and-confer. According to the motion, the attorney repeatedly referred to opposing counsel as a "pedophile," "rapist," "dirt bag," "scum bag," made sexually explicit remarks, shouted o...

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