The defamation lawsuit filed against Cornell University labor researcher Kate Bronfenbrenner by Beverly Enterprises Inc., one of the nation's largest nursing home operators, has been dismissed.

The motion to dismiss the case was granted Friday, May 22, by U.S. District Court Judge Gary L. Lancaster of the Western District of Pennsylvania.

"We're gratified by the judge's decision," said Cornell Associate University Counsel

Nelson Roth.

The suit, which sought $225,000 in damages, was filed as a result of Bronfenbrenner's participation last May in a town hall meeting in Pittsburgh. Bronfenbrenner had been invited by several congressmen to speak on proposed legislation that would bar major labor law violators from obtaining federal grants.

At the meeting Bronfenbrenner, director of Labor Education Research at Cornell's School of Industrial and Labor Relations, reported on confidential research she conducted on anti-union tactics. In her remarks, about 10 minutes in length, Bronfenbrenner commented on the unfair labor practices of certain employers, including Beverly Enterprises, to curb organizing efforts. Bronfenbrenner called Beverly "one of the nation's most notorious labor law violators."

In the ruling the judge, acting on a motion to dismiss the case filed by the Cornell University counsel's office, held that Bronfenbrenner's statements were made as part of a legislative proceeding -- the town hall meeting -- and that such statements are protected by legislative immunity under Pennsylvania state law.

Bronfenbrenner said she is elated with the judge's decision. "We were confident all along that eventually I would win on the merits of the case, not just the issue of testimonial immunity, on which Judge Lancaster based this decision, but on the broader issues of academic freedom as well." she said. "I spoke the truth and everything I said was supported by my research and the public record.

"But even more importantly, what this decision does is stop the discovery process that Beverly Enterprises had put into motion to try to get access to my confidential research data," Bronfenbrenner added. "This is a relief not only to me but to the people I surveyed and to all other researchers in other fields who have been watching my case very carefully."

Bronfenbrenner's case attracted the interest of academics around the world. More than 700 scholars and others -- including two former U.S. secretaries of labor -- added their signatures to a petition protesting the defamation lawsuit.

Bronfenbrenner, who earned her Ph.D. at Cornell in 1993, is a noted scholar on issues involving labor and union activities. She has examined such issues as the contingent work force and employer and union behavior in union certification elections and bargaining campaigns.