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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Supreme Court to Decide the Fate of Universal Injunctions

Lee Rosebush, Marc Wagner Represent SCA Pharmaceuticals in Litigation Against FDA

US Court of International Trade Strikes Down IEEPA Tariffs

James Sherer Presents at Networking Event at BakerHostetler New York Office

Rand is a former&nbsp;editor and a contributor to BakerHostetler’s <a href="https://www.classactionlawsuitdefense.com/">Class Action Lawsuit Defense blog</a>&nbsp;and provides insight on class action issues at speaking engagements.

core/freeform

J.D., The Ohio State University Michael E. Moritz College of Law, 2005, 

B.A., Colgate University, 1997, 

<ul>
<li>Ohio Super Lawyers &#8220;Rising Star&#8221; (2014 to 2015)</li>
</ul>


Columbus

ADventures in Law 2025 CLE Webinar: Text Message and Email Marketing Compliance and Litigation Trends

Commercial Litigation

Class Action Defense

Privacy and Digital Risk Class Action and Litigation

Advertising, Marketing and Digital Media

<h5>Class Actions</h5>
<ul>
<li>Successfully moved to strike class allegations after minimal discovery. Case was voluntarily dismissed shortly thereafter. <em>Smith v. Cash America Int’l.</em></li>
<li>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. <em>Laboy v. Grange Mut. Cas. Co.</em></li>
<li>As co-counsel, persuaded the U.S. 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. <em>Kartman v. State Farm Mut. Auto. Ins. Co.</em></li>
</ul>
<p><strong>TCPA</strong></p>
<ul>
<li>In a TCPA “do not call” proposed class action against a retailer, successfully moved to dismiss key claims, creating new case law stating that an “established business relationship” can be created during a telephone solicitation, even if the solicitation violates the TCPA. The case subsequently settled favorably on an individual basis. <em>Charvat v. The Southard Corp.</em></li>
<li>In a TCPA “automatic telephone dialing system” proposed class action against an insurer, convinced opposing counsel to dismiss claims soon after the pleadings stage by demonstrating, through informal discovery and targeted data production, that the plaintiff’s claims lacked merit. <em>Fried v. Fred Loya Ins. Agency</em>.</li>
<li>In a TCPA and Florida Telephone Solicitation Act (FTSA) proposed class action against a retailer alleging plaintiff received calls to which they did not consent, secured a favorable individual settlement after obtaining information from plaintiff’s cell carrier, overcoming plaintiff’s motion for protective order, which potentially undermined plaintiff’s adequacy under Rule 23(a)(4). <em>Powell v. Genesco, Inc</em><em>.</em></li>
</ul>
<h5>Commercial Litigation</h5>
<ul>
<li>Obtained complete jury verdict for a motorcycle manufacturer regarding alleged breaches of contract and consumer protection statutes. <em>Hillard v. Big Dog Motorcycles.</em></li>
<li>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. <em>Ohio Auto. Dealers Assoc. v Ohio Dep’t of Public Safety, et al.</em></li>
</ul>
<h5>Financial Services/Creditors’ Rights</h5>
<ul>
<li>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, foreclosed on the property, sold the property at a sheriff’s sale and obtained a significant monetary recovery for the client. <em>Woodward Constr., Inc. v. FOR 1031 Summit Woods I, et al.</em></li>
<li>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. <em>Columbus Regional Airport Auth. v. Snow Aviation Int’l, Inc., et al.</em></li>
</ul>
<h5>Energy</h5>
<ul>
<li>Accident investigation for land-based drilling companies.</li>
<li>Litigation counsel for Ohio electric cooperatives.</li>
</ul>


Rand L. McClellan

Rand L. McClellan

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