Jean Elizabeth Faure
Jean Elizabeth Faure is an AV-rated civil trial attorney with 30 years of experience in labor/employment law, education/school law, and civil litigation. A majority of her practice involves the representation of public and private employers in connection with all labor and employment-related issues, including trials and arbitrations. She litigates wrongful termination, discrimination, harassment, wage and hour, trade secret, non-compete, Family Medical Leave Act, and ERISA/fiduciary claims in Federal and State Courts and administrative agencies throughout Montana. She also is admitted and practices in Federal Court in North Dakota and Texas.
Jean also has extensive experience in traditional labor law. She defends employers and management in union organizing campaigns, labor contract negotiations, and labor grievance arbitrations. Jean also litigates unfair labor practices and other matters under the National Labor Relations Act before the National Labor Relations Board (NLRB). Examples of recent matters include:
NLRB decision in favor of ADF International on unit classification Petition;
NLRB decision in favor of Star West Satellite in Unfair Labor Practice trial alleging unilateral changes and discriminatory terminations;
U.S. Federal Court, N.D. Texas, successful settlement of joint employer overtime wage claim; and
State of Montana, Department of Labor, successful settlment of independent contractor collective action.
Jean also has a significant civil litigation practice. She litigates and tries cases in the area of premises and products liability, insurance coverage, trademark and patent infringement, construction, partnership and shareholder disputes, and estate/probate contests. Jean has tried successfully numerous jury and bench trials in front of the Montana Federal and State district courts, administrative agencies, and arbitrators. Representative successes include:
Flexible Lifeline Systems v. Precision Lift, Inc., D. Mont. (preliminary injunction in trademark infringement);
Liberty Mutual v. Continental Resources, Inc., 9th Cir. (successful defense of insurance coverage in declaratory judgment);
Farmers Union Insurance v. Brass Craft Mfg, D. Mont. (defense verdict in products liability action);
Roe v. Kornder-Owen, Mont. Supreme Court (defense summary judgment in bodily/injury litigation);
The Apartment Store v. Mount Vernon Fire Ins., 9th Cir. (summary judgment for carrier in insurance coverage);
Vogel v. Intercontinental Truck Body, Mont. Supreme Court (summary judgment for employer in wrongful discharge defense);
Carlstrom v. Title Cash of Montana, Mont. Supreme Court (successful defense of arbitration provision in employment claim);
Sanchez v. Great Falls Public Schools, Mont. Supreme Court (successful defense of School District in discrimination claim);
PNC Bank, N.A. v. Wilson, D. Mont. (summary judgment for Bank in Federal Court consumer protection/fraud claim);
XU v. Mclaughlin Research Inst. For Biomedical Sci., Inc., D. Mont. And Mont. Supreme Court (summary judgment for employer in wrongful discharge);
Driscoll v. Montana Silversmiths, D. Mont. (successful motion to dismiss in trademark infringement defense);
Cash v. Montana Silversmiths, Mont. Supreme Court (summary judgment for employer in wrongful discharge action);
Kibbee v. ACP Sales West, D. Mont. (summary judgment in favor of employer in wrongful discharge action); and
Metz v. Flying J, Inc., D. Mont. (successful motion for attorney fees in premises liability defense).
Jean is the second generation of French immigrants originally from Gap, France. Jean received her B.A. (magna cum laude) in English from Carroll College. Jean went on to earn a M.A. (summa cum laude) in English Literature from Creighton University in Omaha, Nebraska. Jean returned to Montana to receive her J.D., with high honors, from the University of Montana School of Law in 1986. Jean served on the Editorial Board of the Montana Law Review and co-authored with the now retired Honorable U.S. Magistrate R. Keith Strong, “The Model Rules of Professional Conduct: No Standard for Malpractice”, 47 Mont. L. Rev. 363 (1986). She currently serves on the Board of Visitors with the University of Montana School of Law.
Following law school, Jean clerked for the United States Court of Appeals for the Ninth Circuit in San Francisco, California and for the Honorable Judge David R. Thompson in San Diego. Jean also served as a Civil Motions Attorney for the Ninth Circuit before returning to Montana. With the firm’s branch offices in Bozeman and Helena, Jean has practiced throughout the state of Montana since 1988.
Since 2009, Jean has been selected to the Mountain States Super Lawyers® in labor and employment law and employment defense litigation–an honor reserved for only 5% of Montana lawyers. In 2015, Mountain States Super Lawyers named Jean to the Top 100 Lawyers and in 2016, the Top 50 Women Attorneys. She is top-ranked in The Best Lawyers In America and Best Lawyers named her the Employment Lawyer of the Year in Great Falls in 2013 and 2017. Jean has been recognized annually in Chambers USA Guide to Leading Lawyers in the field of employment litigation since 2011. Chambers notes that “Jean gains substantial commendations for her wealth of knowledge,” and clients consider her “an absolutely fantastic lawyer” and that “she knows more about the area of employment than anyone I’ve met in my life.”
Jean is the Past President of the Montana Defense Trial Lawyers Association. Since 2005, Jean has served on the State Commission on Practice, by election of her peers and appointment by the Montana Supreme Court. Jean is an active member of the Employment & Labor Law Committee of the Defense Research Institute (DRI) and serves as the Committee’s Chair for Special Publications.
Jean has been on the Program Faculty for the Montana Chapter of the American Board of Trial Advocates (ABOTA), is the author of the Montana portion of the DRI Employment Law Compendium, consistently presents employment-related seminars and is often featured in news publications on employment-related topics.
In 2015, Jean was named to the Federation of Defense and Corporate Counsel and Litigation Counsel of America.