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
  • U.S. Court of Appeals, Tenth Circuit, 2016
  • 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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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
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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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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