has made it clear that excessive trading is itself a suitability
objectives, excessive trading, by itself, can violate NASD suitability
According to Anderson and Winslow (1992), for an advisor to violate the fiduciary duty owed to a customer insofar as suitability or churning are concerned, specific elements must be present: 1) explicit or implicit control over the account by the advisor; 2)
excessive trading; and 3) scienter, meaning reckless disregard for the investor's welfare.
Rufenacht, Bromagen & Hertz Inc.,(44) in which the Mississippi Supreme Court held that in a non-discretionary account, the broker does not have a duty to advise or warn customers to discontinue irrational or excessive trading.(45)
1990) (lack of expert testimony on excessive trading defeated plaintiffs' claim).