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Fourth Circuit Splits With Sixth Circuit On Procedural Violation Remedy
Health Plan Law 
[Guidance Overview] Nov. 19, 2008
The Fourth Circuit opinion stated, 'The district court's reliance on the Sixth Circuit's decision in Wenner was misplaced, both because it is contrary to the law of this circuit and because that decision's rationale is flawed. In Wenner, a claimant's ERISA benefits were ordered reinstated, a substantive remedy, even though the only ERISA violation was a 29 U.S.C. ? 1133 procedural violation and the merits of the claim had not been decided.
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