Jeffrey S. Downs says a law firm he’s suing for anti-LGBT workplace bias continues to harass him with frivolous legal filings, and he wants sanctions imposed.
The openly gay attorney recently was accused by the Center City law firm Anapol Schwartz of providing false information pertaining to his lawsuit against the firm.
Downs worked at Anapol for about four years before trying to get a new job in 2012 due to alleged anti-LGBT workplace bias.
He says working conditions at Anapol became intolerable. But when he tried to leave, Anapol officials defamed him to a prospective employer, nixing the job offer.
He’s suing in state and federal courts, seeking in excess of $6 million in damages.
In a recent court filing, Anapol accused Downs of providing false information about a March 2012 meeting, when Downs allegedly demanded $88,000 from the firm or he’d file an antibias suit.
Downs vehemently denies providing any false information about the meeting.
“My story is consistent and has been since day one,” he told PGN. “Anapol’s defense and story is contradicted by their own answer to my complaint, actions and responses to our discovery requests.”
Downs says he incurred legal fees and costs of about $5,000 when responding to Anapol’s accusation. He wants Common Pleas Judge Kenneth J. Powell Jr. to order Anapol to pay that legal bill.
Downs claims Anapol has a pattern of filing frivolous motions to ramp up his legal expenses. The recent filing accusing him of providing false information was the “last straw,” he said.
In May, a Philadelphia jury sided with Anapol, but Downs is requesting a new trial, citing “substantial and glaring reversible errors” by Powell, the trial judge.
He’s also filed suit in federal court, and a jury trial is scheduled to begin Sept. 11.
Though Downs believes the court system is plagued by “gamesmanship,” he remains optimistic.
“[T]he courts are really not about truth but attorney gamesmanship and that is disappointing, but I remain hopeful,” he said. “I believe that to make a change you must have strong fortitude and not give up on the obstacles. We will push forward, in the hope that proper evidence is considered on retrial. If I lose this entire battle, personally it was not a waste of time or effort as it will chip away at the barriers to full justice for anyone who raises protected civil rights.”
As of presstime, Powell hadn’t ruled on Downs’ request for sanctions against Anapol.
Gaetan J. Alfano, an attorney for Anapol, declined to comment for this story.