Allen M. Lopus
Allen Lopus Clark HillOffices
Pittsburgh
One Oxford Centre
301 Grant St, 14th Floor
Pittsburgh, PA
15219
Morgantown
1290 Suncrest Towne Centre
Morgantown, WV
26505
Phone: (412) 394-7713
Phone: (304) 233-5599
Fax: +14123942555
Email: alopus@clarkhill.com
Education
J.D., Cornell University, Ithaca, New York, 1995
Cornell University
B.A., magna cum laude, University of Pittsburgh, Pittsburgh, Pennsylvania, 1992, Writing and Political Science
University of Pittsburgh
Court Admissions
U.S. District Ct., W.D. of Pennsylvania
U.S. District Ct., S.D. of West Virginia
U.S. District Ct., N.D. of West Virginia
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
Allen M. Lopus
Member
Allen M. Lopus is a member of the Commercial and Corporate Litigation and Managed Care practice groups. He has represented clients in a wide range of business disputes, financial services litigation, health insurance, health care and pharmaceutical litigation, product liability, and white-collar criminal cases in both state and federal courts in Pennsylvania, West Virginia, Ohio, Florida and California. Al has also served as general counsel to a local professional sports team.
Al was named one of the top 50 lawyers in Pittsburgh in 2018, and a Pennsylvania Super Lawyer in 2015, 2016, 2017 and 2018. He was selected for inclusion in Pennsylvania Super Lawyers, Rising Stars Edition, in 2005, 2006 and 2008.
Publications/Presentations
“ The Opioid Dilemma- Pain and Punishment”, February 2018
“Affordable Care Act’s Medical Loss Ratio Provision: Is There A Private Right Of Action?” Communiqué, November 2012.
“Health Plans’ Commercial Uncertainties Persist After Supreme Court’s Decision Upholding the Affordable Care Act’s Constitutionality,” Communiqué, August 2012.
Presenter, “C3: Complex Commercial Contract Litigation – Arbitration and Mediation,” TRA Seminar, September 2011.
Speaker, “Are the Days of Quick and Inexpensive Dispute Resolutions by Arbitration Gone? Does It Still Exist and Can It Be Done?,” Western Pennsylvania Chapter of Association of Corporate Counsel (WPACC), September 2010.
"Reasonable Accommodations Under the ADA," HRnext.com
Presented "Political Subdivision Tort Claims Act."
"Employee Website: Think Twice Before Viewing Restricted Website."
"Subprime Mortgage Lenders and Servicers Beware!"
Awards/Achievements
Pennsylvania Super Lawyers, Rising Star, 2008, 2006, 2005
Pennsylvania Super Lawyers, 2019, 2018, 2017, 2016, 2015
Memberships
Allegheny County Bar Association (Civil Litigation Section)
Ohio County (West Virginia) Bar Association
Fellow, The Academy of Advocacy of Temple University
Coach, Beadling Soccer Club
Board of Directors, Peters Township Soccer Association
Board of Directors, ACLD, an Association for children and adults with learning disabilities
Pennsylvania Defense Institute
Experiences
Represented clients in title insurance and commercial real estate matters.
Represented two defendant physicians in wrongful death action involving misdiagnosis of chronic mesenteric ischemia.
Achieved dismissal and summary judgment for drug manufacturers in multiple jurisdictions in cases involving allegedly defective drugs and defective warnings.
Represented defendants in Fen-Phen litigation.
Represented sellers of allegedly defective products used in construction of homes in personal injury actions.
Successfully represented manufacturer of surgical fixation devices in multiple actions brought by plaintiffs for the alleged failure of the devices. Both cases dismissed.
Counseled clients and litigated issues related to third-party administration.
Conducted internal investigation of publicly-traded financial institution on behalf of audit committee.
Represented employer in constructive discharge and intentional infliction of emotional distress action filed by former employee.
Represented national health insurance company in putative class action regarding reimbursement rates.
Represented employers in ADA and discrimination actions. Successfully represented physician/surgeon in injunction action against former group, enjoining group from preventing surgeon from seeing patients.
Represented nursing home in wrongful death actions alleging failure to maintain proper nutrition and hydration, failure to properly restrain patient, and failure to properly prevent and treat decubitus ulcer.
Represented nursing home in several actions arising out of patient’s falls, alleging failure to use proper physical restraints, and failure to adequately monitor patients.
Successfully obtained salary and other benefits owed to surgeon, and negotiated waiver of non-compete agreement.
Represented third-party administrator/HMO in class action filed by medical care providers.
Defended pharmaceutical manufacturers in qui tam action.
Represented nursing home in wrongful death action alleging negligent diagnosis and treatment of decubitus ulcers.
Represented clients in Department of Justice and State Attorney General investigations.
Represented general contractor in action brought by subcontractor involving scope-of-work and change orders.
Represented general contractors and subcontractors in actions for payments due under contracts with owners and third parties.
Counseled clients on various contract and lien issues
Represented hospital in case alleging negligence on behalf of nursing staff in obtaining informed consent for surgery and anesthesia.
Represented banks in a variety of commercial matters.
Represented nursing home in wrongful death action arising out of dehydration and alleged negligent monitoring and treatment of patient.
Represented hospital and pathologist in wrongful death action alleging failure to properly interpret pathology and failure of hospital’s tumor committee to properly assess available information.
Successfully represented hospital and emergency room physician in wrongful death action in Ohio County, West Virginia, arising out of the alleged misdiagnosis of a subarachnoid hemorrhage. Jury verdict upheld by West Virginia Supreme Court. Kemp v. Wheeling Hospital, et al., Circuit Court of Ohio County, West Virginia, Civil Action No. 00-C-90Re.
Represented hospital in case alleging negligent positioning during surgery, subsequent development of decubitus ulcer, misdiagnosis and mistreatment of the ulcer. Motion to dismiss granted
Represented hospital and physicians in various medical malpractice actions in Ohio and West Virginia.
Represented hospital in wrongful death action alleging failure to monitor and use appropriate restraints on a minor in emergency room.
Achieved arbitration award in excess of $4 million for client in partnership dispute.
Represented and counseled individual, business and corporate clients at all stages of litigation.
Represented hospital and family practice resident in wrongful death action for failure to properly monitor patient and order proper diagnostic tests.
Represented hospital in wrongful death case arising out of subdural hematoma allegedly caused by patient’s fall during hospitalization.
Represented hospital and family practice resident in action alleging delayed diagnosis/removal/biopsy of malignant melanoma.
Represented hospital and emergency room physician in action for alleged misdiagnosis of compartment syndrome of leg.
Represented hospital, emergency room physicians and family practice resident in action for alleged failure/delayed diagnosis of Listeria meningitis.
Represented hospital and nursing staff in wrongful death action alleging negligent credentialing, failure to supervise and failure to inform treating physician of lab results.
Represented manufacturer of medical device used to monitor pressure in compartments of leg in action brought by plaintiff who lost function in leg due to compartment syndrome, allegedly due to malfunction of monitoring device.
Represented physician and hospital in action alleging failure to diagnose pseudotumor cerebri.
Represented hospital and emergency room physician in above-knee amputation action based on the alleged negligent delay of hospital and emergency room physician in consulting vascular surgeon. Case settled during jury trial.
Defended pharmaceutical supplier in action brought by State Attorney General.
Represented clients in contract disputes, coverage disputes and collection of debts.
Argued successfully in Fourth Circuit Court of Appeals, achieving reversal of District Court's denial of motion for arbitration. Opinion published June 2012.
Represented the supplier of allegedly defective construction heaters and/or heater containers in actions filed by contractors and homeowners arising out of fires allegedly caused by the heaters.
Represented pharmaceutical executives in connection with pricing and off-label marketing investigations.
Defended health care providers against state and federal health care fraud investigations.
Represented physician in case to recover retirement benefits withheld by former practice group.
Represented contractor regarding the alleged negligent construction and repair of a hotel roof.
Represented hospital in action alleging negligent supervision and negligent use of restraints.
Practice Areas
LitigationWhite Collar Criminal Defense
Industries
EntertainmentHealthcareSports
