Taylor v. GWR Operating Co.

OPINION

O'CONNOR, Justice.

This Court is asked to determine three questions. Is a nonoperating interest owner a “consumer” for purposes of the Deceptive Trade Practices Act? No. Does an operating interest owner owe a fiduciary duty to a nonoperating interest owner? Yes, if there is a joint venture between them. Does a duty of good faith and fair dealing, owed under a joint operating agreement, give rise to a separate cause of action for breach of that duty? No. We reverse and remand.

This appeal is from a partial summary judgment granted to GWR Operating Company (GWR), on counterclaims asserted…