A briefwriting lesson in what not to do

It’s never a good idea to belittle your opponent or your opponent’s argument. If you do, you might find yourself on the receiving end of an opinion like this, issued today by the U.S. Sixth Circuit:

There are good reasons not to call an opponent’s argument “ridiculous,” which is what State Farm calls Barbara Bennett’s principal argument here. The reasons include civility; the near-certainty that overstatement will only push the reader away (especially when, as here, the hyperbole begins on page one of the brief); and that, even where the record supports an extreme modifier, “the better practice is usually to lay out the facts and let the court reach its own conclusions.” .... But herethe biggest reason is more simple: the argument that State Farm derides as ridiculous is instead correct.

Bennett v. State Farm Mut. Auto. Ins. Co., No. 13-3047 (6th Cir. Sept. 24, 2013). (Hat tip to Robert N. Markle.)