Index Futures Group, Inc. v. Ross

This action was brought to recover a deficit in defendant’s commodity trading account by plaintiff broker. Defendant filed an answer and an amended answer containing affirmative defenses and counterclaims which admitted that there was a deficit in his account, but denied liability and sought additional damages based on allegations that plaintiff was grossly negligent, had engaged in willful misconduct, committed fraud, and breached its fiduciary duty owed to defendant. The trial court struck and dismissed defendant’s affirmative defenses and counterclaims, and granted summary judgment to…