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 Lopus counsels clients in business disputes, internal and government investigations, white-collar criminal cases, and healthcare and pharmaceutical litigation. He litigates in state and federal courts throughout Pennsylvania and West Virginia, and has significant experience in Illinois, Florida, Texas and California.
Al’s clients include health care institutions, pharmaceutical companies, financial services institutions, Fortune 500 companies and privately-owned businesses. He defends clients in investigations conducted by federal and state grand juries, the Attorneys General of several states, the FTC, and the Pennsylvania State Ethics Commission. Al defends clients in prosecutions and investigations involving false claims health care fraud and reimbursement issues, off-label marketing of pharmaceuticals, pharmaceutical pricing, Stark Law and Anti-Kickback Statute violations. He defends health care and financial institution clients in class action suits.
Awards/Achievements
Pennsylvania Super Lawyers, Rising Star, 2005 - 2008
Pennsylvania Super Lawyers, 2015 - present
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 hospital and family practice resident in action alleging delayed diagnosis/removal/biopsy of malignant melanoma.
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 two defendant physicians in wrongful death action involving misdiagnosis of chronic mesenteric ischemia.
Represented physician and hospital in action alleging failure to diagnose pseudotumor cerebri.
Represented hospital and physicians in various medical malpractice actions in Ohio and West Virginia.
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 wrongful death case arising out of subdural hematoma allegedly caused by patient’s fall during hospitalization.
Represented hospital in case alleging negligence on behalf of nursing staff in obtaining informed consent for surgery and anesthesia.
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 in action alleging negligent supervision and negligent use of restraints.
Represented hospital and emergency room physician in action for alleged misdiagnosis of compartment syndrome of leg.
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 action alleging failure to monitor and use appropriate restraints on a minor in emergency room.
Represented nursing home in wrongful death action arising out of dehydration and alleged negligent monitoring and treatment of patient.
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.
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 wrongful death action alleging negligent diagnosis and treatment of decubitus ulcers.
Achieved dismissal and summary judgment for drug manufacturers in multiple jurisdictions in cases involving allegedly defective drugs and defective warnings.
Successfully represented manufacturer of surgical fixation devices in multiple actions brought by plaintiffs for the alleged failure of the devices. Both cases dismissed.
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 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 defendants in Fen-Phen litigation.
Represented sellers of allegedly defective products used in construction of homes in personal injury actions.
Counseled clients on various contract and lien issues
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.
Represented contractor regarding the alleged negligent construction and repair of a hotel roof.
Represented physician in case to recover retirement benefits withheld by former practice group.
Successfully obtained salary and other benefits owed to surgeon, and negotiated waiver of non-compete agreement.
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 employer in constructive discharge and intentional infliction of emotional distress action filed by former employee.
Argued successfully in Fourth Circuit Court of Appeals, achieving reversal of District Court's denial of motion for arbitration. Opinion published June 2012.
Counseled clients and litigated issues related to third-party administration.
Represented third-party administrator/HMO in class action filed by medical care providers.
Represented national health insurance company in putative class action regarding reimbursement rates.
Defended health care providers against state and federal health care fraud investigations.
Defended pharmaceutical supplier in action brought by State Attorney General.
Defended pharmaceutical manufacturers in qui tam action.
Represented clients in Department of Justice and State Attorney General investigations.
Conducted internal investigation of publicly-traded financial institution on behalf of audit committee.
Represented pharmaceutical executives in connection with pricing and off-label marketing investigations.
Represented banks in a variety of commercial matters.
Represented clients in contract disputes, coverage disputes and collection of debts.
Represented hospital, emergency room physicians and family practice resident in action for alleged failure/delayed diagnosis of Listeria meningitis.
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.
Represented clients in title insurance and commercial real estate matters.
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 pathologist in wrongful death action alleging failure to properly interpret pathology and failure of hospital’s tumor committee to properly assess available information.
Practice Areas
LitigationWhite Collar Criminal Defense
Industries
EntertainmentHealthcareSports
