A Cornell official today reacted to the announcement that Beverly Enterprises Inc. has dropped its appeal to reinstate a libel suit against Cornell labor professor Kate Bronfenbrenner by stating that the lawsuit had "no basis in law or fact."

"We are gratified to learn that Beverly Enterprises has dropped its litigation against Professor Kate Bronfenbrenner," said Nelson E. Roth, Cornell associate university counsel who, together with assistant university counsel Wendy Tarlow, represented Bronfenbrenner in the lawsuit. "The Beverly lawsuit was an attack on academic freedom that sought to punish Dr. Bronfenbrenner for presenting the results of her research in a public forum. The action against her was without merit."

Bronfenbrenner expressed satisfaction that Beverly dropped its action against her.

"I am grateful for the widespread support I have received in fighting this lawsuit," she said. "Beverly's attempt to stifle the right of academic researchers to present the results of their research in appropriate public policy forums has failed."

Bronfenbrenner reacted to a statement issued by Beverly August 3 in which an unnamed spokesman claimed that Bronfenbrenner made an admission in court papers concerning the limited scope of her research.

"That is a patently false assertion and completely mischaracterizes the papers I filed in support of my motion to dismiss the case," Bronfenbrenner said. "The papers I filed in court made clear that my testimony, both oral and written, was based on a thorough analysis and careful review of my research data, supplementary documents and the public record for both the 1980s and 1990s, in accordance with the standards and protocols of industrial relations research in which I have been trained as a social scientist."

Bronfenbrenner added that "Beverly's explanation for withdrawing its appeal is even more disingenuous. The court papers to which Beverly refers were filed three months ago in support of my motion to dismiss. Beverly thus had my purported 'admission' before arguing to the judge that the case should go forward and before filing the notice of appeal of the dismissal which it is now withdrawing. I am gratified that Beverly has finally realized that its lawsuit was an ill-advised and arrogant abuse of its corporate resources, but I reject any suggestion it was based on any admission I supposedly made three months ago."

Beverly, the nation's largest nursing home operator, filed a lawsuit against Bronfenbrenner in federal court on Feb. 9, 1998, for defamation over testimony she presented in May 1997 at a congressional town hall meeting in Pittsburgh. 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, Bronfenbrenner commented on the unfair labor practices of certain employers, including Beverly Enterprises, to curb organizing efforts, and called Beverly "one of the nation's most notorious labor law violators." Bronfenbrenner had been invited by several congressmen to speak on proposed legislation that would bar major labor law violators from obtaining federal grants.

Beverly's lawsuit was dismissed May 22, 1998, by U.S. District Court Judge Gary L. Lancaster of the Western District of Pennsylvania, who acted on a motion to dismiss the case filed by the Cornell University Counsel's office. Lancaster 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.

U.S. Rep. Lane Evans (D-Ill.) sponsored a briefing for the media and members of Congress in support of Bronfenbrenner in Washington, D.C. on July 27. Evans was soliciting congressional co-signers for an amicus brief to be filed with the court on behalf of the Cornell labor researcher and Rosemary Trump, a member of the Service Employees International Union, who also was sued by Beverly. U.S. Rep. Maurice Hinchey (D-26th), whose district includes Cornell, also supported work on theamicus brief.

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.