Rand L. McClellan

Partner

Columbus
T +1 614.462.4782  |  F +1 614.462.2616

Rand McClellan brings a determined and thorough approach to serving his clients, and is dedicated to adding value to his clients’ endeavors. Rand can handle all aspects of a dispute, from initial investigation to trial and beyond. Rand focuses on complex litigation, and his practice includes, but is not limited to, creditors’ rights, the Telephone Consumer Protection Act and false advertising claims. He also has particular experience in assisting financial institutions with litigation relating to business loans, and the defense of businesses in consumer class actions.

Select Experience

Class Actions
  • Obtained summary judgment on all claims asserted in a putative class action against one of the largest property and casualty insurers in Ohio.
Commercial Litigation
  • Obtained complete jury verdict for a motorcycle manufacturer in lawsuit over alleged breach of contract and consumer protection violations.
Creditors' Rights/Financial Services
  • Represented lender regarding default under terms of a commercial real estate loan in connection with Class A office property near Cincinnati, Ohio. Filed foreclosure suit on behalf of lender against borrower entity and guarantors, extracted property from a proceeding concerning allegations of fraud in the transfer of the property, persuaded court to appoint a receiver to manage property, obtained judgment and foreclosed on the property, sold property at a sheriff’s sale, and obtained significant monetary recovery for client.
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Experience

Class Actions
  • Obtained summary judgment on all claims asserted in a putative class action against one of the largest property and casualty insurers in Ohio.
  • Was instrumental in convincing the United States Court of Appeals for the 7th Circuit that a trial court’s class certification order against one of the nation’s largest insurers was an abuse of discretion, obtaining full reversal of the class certification order and successfully opposing review of the 7th Circuit’s decision by the Supreme Court.
Commercial Litigation
  • Obtained a complete jury verdict for a motorcycle manufacturer in a  lawsuit over alleged breach of contract and consumer protection violations.
  • Obtained complete dismissal of a lawsuit against a freight distribution client by demonstrating to the opposing party, through depositions, written discovery and case law, that its claims were without merit.
Creditors' Rights/Financial Services
  • Represented a lender regarding default under terms of a commercial real estate loan in connection with Class A office property near Cincinnati, Ohio. Filed a foreclosure suit on behalf of a lender against a borrower entity and its guarantors, extracted property from a proceeding concerning allegations of fraud in the transfer of the property, persuaded the court to appoint a receiver to manage the property, obtained a judgment and foreclosed on the property, sold the property at a sheriff’s sale, and obtained a significant monetary recovery for the client.
  • Represented a lender regarding default under terms of a commercial real estate loan in connection with a multifamily residential property in Columbus, Ohio. Filed a foreclosure suit against the borrower entity and, over the borrower’s objection, persuaded the court to appoint a receiver to manage the property, obtained judgment and foreclosed on the property, and sold the property at a receiver’s sale.
  • Represented an aviation authority and oversaw the eviction and liquidation of a large aviation tenant via Ohio’s receivership statutes, while obtaining significant monetary recovery for the client through the receivership, over the objections of the tenant’s creditors.
Energy
  • Performs accident investigations for land-based drilling companies.
  • Regularly serves as litigation counsel for Ohio electric cooperatives.

Recognitions

  • Ohio Super Lawyers "Rising Star" (2014 to 2015)

Memberships

  • American Bar Association 
  • Ohio State Bar Association
  • Columbus Bar Association
    • Attorney Admissions Committee (2014 to 2015)

Community

  • Upper Arlington Leadership Academy (2010)
  • Hispanic National Bar Association, Region X: Mentor (2015)

Services

Industries

Military Service

United States Marine Corps (1997 to 2001)

  • Infantry Officer, First Battalion, Sixth Marines; Intelligence Collections Officer, Second Marine Division, Camp Lejeune, North Carolina

Admissions

  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • Ohio, 2005

Education

  • J.D., The Ohio State University Michael E. Moritz College of Law, 2005; Ohio State Journal on Dispute Resolution, Associate Editor
  • B.A., Colgate University, 1997, cum laude, with additional honors in History

Blog

In The Blogs

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Class Action Lawsuit Defense
Supreme Court Holds Unaccepted Offers for Full Relief Do Not Moot Class Actions
By Rand L. McClellan
January 21, 2016
Relying on “basic principles of contract law,” the Supreme Court on Wednesday held that an unaccepted settlement offer and offer of judgment under Rule 68 are “legal nullit[ies]” that have no effect on whether a live controversy remains...
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Class Action Lawsuit Defense
JCPenney Advertising Class Settlement Calls for $50 Million Payment for a California-Only Class
By Rand L. McClellan
November 12, 2015
Retailers have been under siege, particularly in California, by putative class actions involving allegations of “false or misleading” advertising practices. Generally, the crux of the allegations is that retailers are inducing customers to...
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Financial Services Blog
Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling
By Rand L. McClellan
October 28, 2015
On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the Telephone...
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Class Action Lawsuit Defense
Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling,
By Rand L. McClellan
October 28, 2015
On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the Telephone...
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Financial Services Blog
CFPB Action Regarding Allegedly Unfair Billing Of Credit Card Add-On Products And Services
By Rand L. McClellan
July 9, 2015
On July 1, 2015, the Consumer Financial Protection Bureau (“CFPB”) filed complaints and proposed consent orders against two credit card add-on product vendors – Affinion Group Holdings, Inc. (and its affiliated companies) and Intersections...
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