was not true, and that she was, in fact, involved in an extramarital affair with Sehalk. 2 . Calvert High School has been dismissed as a party defendant. 3 . There is no Count VII in the complaint. 4 . It is unnecessaiy for the Court to address the issue of whether Plaintiff was an "otherwise qualified individual with a disability,” see 42 U.S.C. § 12102(2)(A), since she cannot meet the third prong of the test, see infra. 5 . Whether a plaintiff can bring a cause of action for "false light” publicity in Ohio is a matter of some uncertainty. In M.J. DiCorpo, Inc. v. Sweeney, 69 Ohio St.3d 497, 634 N.E.2d 203 (1994), the Ohio Supreme Court expressly declined either to adopt or reject such a cause of action. Appellate Courts in Ohio are split on the issue. Compare Piro and Killilea (<HOLDING>) with Bertsch v. Communications Workers of Am.
recognizing cause of action for wrongful death recognizing cause of action for wrongful discharge recognizing the cause of action recognizing cause of action for loss of consortium holding that dismissal is proper for a derivative cause of action but not for a direct cause of action