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?

What gives rise to abandonment of an issue on appeal?