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" ... Because Defendants solicited a non-binding pretextual offer from a third party and never intended to sell the Property, the RFOR was not triggered and Defendants breached the Partnership Agreement. Moreover, because Defendants’ attempts to trigger the RFOR were in bad faith and against the interests of Plaintiff, Defendants breached their fiduciary duty to Plaintiff as well as the covenant of good faith and fair dealing. ... "
" ... If an employer is able to offer a lawful reason for taking adverse action, the burden shifts back to the plaintiff to prove that this explanation is pretextual, and that the true motivation was retaliating for exercise of their FMLA rights. ... "
" ... That latter action - making up new rules and then firing people in their 50s for offenses that weren't a basis for termination - is called pretextual and will not protect an employer from a discrimination claim. ... "