A dispute has arisen over whether the gay lawyer suing Anapol Schwartz for allegedly scuttling his lateral move should be able to introduce evidence regarding discrimination he allegedly experienced while at the firm.

Last week, Anapol Schwartz, which is being sued in the Philadelphia Court of Common Pleas by a former attorney at the firm, Jeffrey Downs, filed an omnibus motion in limine to preclude approximately 800 exhibits that the firm argues are irrelevant to Downs' defamation and tortious interference suit.

The firm argued in the motion filed Feb. 5 that, while Downs initiated a suit in federal court over alleged discrimination and retaliation, the discrimination claims were voluntarily dismissed against Anapol Schwartz in July. Any probative value of the testimony regarding discrimination, the firm further argued, did not outweigh potential prejudice to the defendants if the testimony was introduced.