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BENNETT v. STATE FARM MUT. AUTO. INS. CO.

No. 13-3047.

731 F.3d 584 (2013)

Barbara BENNETT; Robert Bennett, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied October 17, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Mark C. Willis , Matthew L. Rizzi, Jr. , Willis & Willis Co., L.P.A., Akron, Ohio, for Appellants. Richard M. Garner , Davis & Young, Westerville, OH, Gregory H. Collins , Davis & Young, Akron, OH, for Appellee.

Before: COLE, KETHLEDGE, and STRANCH, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

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...

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