Rand L. McClellan

Partner

Columbus
T +1.614.462.4782
F +1.614.462.2616

Overview

Rand McClellan is a commercial litigator focusing on complex matters and class actions. Rand assists clients with consumer protection litigation, Telephone Consumer Protection Act (TCPA) issues, deceptive advertising claims, and creditors’ rights matters. He also has significant experience in assisting financial institutions with litigation relating to business loans. 

Rand is an editor and contributor to BakerHostetler's Class Action Lawsuit Defense blog, which provides updates on legal developments, settlements and practical advice. He also provides insight on class action issues at speaking engagements.

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, and persuaded the Ohio Supreme Court to affirm summary judgment on appeal. Laboy v. Grange Mut. Cas. Co.
Commercial Litigation
  • Obtained complete jury verdict for a motorcycle manufacturer regarding alleged breaches of contract and consumer protection statutes. Hillard v. Big Dog Motorcycles.
Financial Services/Creditors' Rights
  • Represented lender in connection with borrower’s default on a commercial real estate loan. Quickly extracted property from a proceeding in which numerous parties and lienholders alleged fraud in the transfer of the property, persuaded the court to appoint a receiver, obtained judgment and foreclosed on the property, sold the property at a sheriff's sale, and obtained a significant monetary recovery for the client. Woodward Constr., Inc. v. FOR 1031 Summit Woods I, et al.
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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, and persuaded the Ohio Supreme Court to affirm summary judgment on appeal. Laboy v. Grange Mut. Cas. Co.
  • As co-counsel, persuaded the United States Court of Appeals for the Seventh Circuit that a class certification order against one of the nation's largest insurers was an abuse of discretion, obtaining full reversal of the order. Kartman v. State Farm Mut. Auto. Ins. Co.
Commercial Litigation
  • Obtained complete jury verdict for a motorcycle manufacturer regarding alleged breaches of contract and consumer protection statutes. Hillard v. Big Dog Motorcycles.
  • Obtained dismissal of an action alleging that a cutting-edge automobile manufacturer was selling its battery-powered automobiles in violation of the Ohio Motor Vehicle Code. Ohio Auto. Dealers Assoc. v Ohio Dep’t of Public Safety, et al. 
  • Obtained dismissal of a lawsuit against a freight distribution client by convincing opposing party, through depositions, written discovery and case law, that its claims were without merit. Texas Freightways, Inc. v. United Pool Distrib., Inc.
Financial Services/Creditors' Rights
  • Represented lender in connection with borrower’s default on a commercial real estate loan. Quickly extracted property from a proceeding in which numerous parties and lienholders alleged fraud in the transfer of the property, persuaded the court to appoint a receiver, obtained judgment and foreclosed on the property, sold the property at a sheriff's sale, and obtained a significant monetary recovery for the client. Woodward Constr., Inc. v. FOR 1031 Summit Woods I, et al.  
  • Represented aviation authority and oversaw a complex eviction and liquidation of a large aviation tenant from several buildings and hangars via Ohio's receivership statutes, over the objections of the tenant's creditors, while obtaining significant monetary recovery for the client through the receivership. Columbus Regional Airport Auth. v. Snow Aviation Int’l, Inc., et al.
Energy
  • Accident investigation for land-based drilling companies.
  • Litigation counsel for Ohio electric cooperatives.

Recognitions and Memberships

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 2017)

Community

  • Rose Garden Charities: Board Member (2016 to 2017)
  • Children’s Hunger Alliance: Taste to Remember Steering Committee (2016 to 2017)
  • Upper Arlington Leadership Academy (2010)
  • Hispanic National Bar Association, Region X: Mentor (2015)

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
What Constitutes an Autodialer Under the TCPA is in Flux
By Rand L. McClellan
October 4, 2018
Partner Rand McClellan recently posted an article to BakerHostetler’s Financial Services Blog on the Ninth Circuit’s recent ruling on what constitutes an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection...
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Data Privacy Monitor
The Ninth Circuit Wades Into the “Autodialer” Fray and Creates a Circuit Split. TCPA Litigants Await FCC Guidance
By Rand L. McClellan
September 27, 2018
What constitutes an autodialer or “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) is in flux. Under the statute, an “automatic telephone dialing system” is defined as “equipment that has the...
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Financial Services Blog
The Ninth Circuit Wades Into the “Autodialer” Fray and Creates a Circuit Split. TCPA Litigants Await FCC Guidance
By Rand L. McClellan
September 27, 2018
What constitutes an autodialer or “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) is in flux. Under the statute, an “automatic telephone dialing system” is defined as “equipment that has the...
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Class Action Lawsuit Defense
State Court Adoption of Comcast v. Behrend
By Albert G. Lin, Rand L. McClellan
June 11, 2018
In Comcast v. Behrend, 569 U.S. 27 (2013), the United States Supreme Court clarified the requirements for establishing that classwide injury and damages predominate over individual issues for the purposes of FRCP 23(b)(3). In particular...
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Class Action Lawsuit Defense
‘Excessive’ Shipping Fees May Be Next Target of Consumer Class Actions
By Rand L. McClellan
May 30, 2017
Retailers offering online, telephone or catalog purchases may want to review the shipping fees charged to their customers in the wake of several class actions recently filed in California. Multiple retailers have been hit with consumer...
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