What gives rise to abandonment of an issue on appeal?

No question identified. : i QUESTIONS TO BE CONSIDERED There is no uniformity among the Circuit Courts as to the meaning or application of the ERISA statute of limitations for breach of fiduciary duty, 29 U.S.C. §1113. 1. What gives rise to abandonment of an issue on appeal? 2. What does the “last action which constitutes [a breach] or a part of the breach” mean in 29 U.S.C. §1113? 3. Can a litigant rely upon the plain meaning of a statute without abandoning an issue raised in the lower court and raised in their Brief in Chief on appeal to the Circuit Court? 4. Does the exception to 29 U.S.C. §1113 apply to both the statute of repose, 29 U.S.C. §1113(1), and the statute of limitations provisions 29 U.S.C. §11138(2)? 5. Does the context in which the word “discovery” as used in the exception contained in 29 U.S.C. §1113 mean actual discovery or constructive discovery? ii THE PARTIES TO THIS APPLICATION AGI Consulting, LLC, by Assaf Al-Assaf As Trustee/ Owner/Plan Administrator, Petitioner American National Insurance Company, Respondent CORPORATE DISCLOSURE AGI CONSULTING, LLC, has no parent company and no publicly held company owns 10% or more membership interest or shares in the LLC. AGI CONSULTING, LLC, is an Oklahoma limited liability company in good standing with the Oklahoma Secretary of State. iii LIST OF ALL PROCEEDINGS IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA AGI Consulting, LLC Plaintiff v. American National Insurance Co. Defendant Case No. CIV-18-252 Complaint 3-21-18 Motion to Dismiss 5-24-18 Complaint for Declaratory Judgment Response to Motion to Dismiss 6-29-18 Amended Complaint 6-29-18 Reply to Response 7-6-18 Sur Reply to Reply 7-23-18 Judgment and Order Dismissing Plaintiff 7-30-18 Motion for New Trial 8-24-18 Response to Motion 9-12-18 Reply to Response 9-19-12 Order Denying Motion for New Trial 3-28-19 Notice of Appeal 4-26-19 iv LIST OF ALL PROCEEDINGS -— Continued AGI Consulting LLC v. American National Insurance Co. Appellee Case No. 19-6060 Appellant’s Brief in Chief 8-29-19 Appellee’s Brief 10-16-19 Reply Brief of Appellant 11-4-19 Order and Judgment 01-09-20 Mandate Issued 01-31-20