Sofia Vergara’s ex-fiancé, Nick Loeb, loses appeal in frozen embryo battle: Louisiana court rules in favor of modern family actress, upholding dismissal of lawsuit for pre-embryo custody
Sofia Vergara’s ex-fiancé, Nick Loeb, has lost another legal battle in his battle to obtain custody of her frozen embryos after an appeals court in Louisiana ruled in favor of the Modern Family star.
The Fourth Circuit Court of Appeal in Louisiana last week upheld the dismissal of a lawsuit Loeb had filed in an attempt to claim custody of the pre-embryos.
In addition to the motion, the court has released related documents, a reversal that previously sealed the discovery in the case, PEOPLE said.
Long Battle: Sofia Vergara’s ex-fiancé, Nick Loeb, lost another legal battle over pre-embryo custody; seen in 2013
Nick and Sofia called off their engagement in 2014 after dating for four years. She has an adult son, Manolo, from a previous relationship and married Joe Manganiello in November 2015.
She has been in a bitter lawsuit with her ex since 2015, when he filed documents to protect and punish two female embryos that they had created and planned to use with a surrogate during their relationship.
Nick filed the lawsuit in Louisiana because officials there consider embryos to be humans, while California – where they were created – calls them products.
In the past: Nick and Sofia called off their engagement in 2014 after four years of dating; seen in 2010
Sofia and Nick signed a contract with the ART Reproductive Center in Beverly Hills when they created the embryos in 2013, stating they could not be used without the consent of the other.
She was indicted by the Embryos in 2016 when a lawsuit was filed on their behalf in Louisiana.
The court held that Loeb “is not domiciled, resides in, and does not intend to be domiciled or resident in the state of Louisiana.”
About: Sofia and Nick had signed a contract with the ART Reproductive Center in Beverly Hills when they created the embryos in 2013, stating that they could not be used without the consent of the other; seen in 2014
In addition, the court accused Loeb’s team of “forum shopping” to find a court they hoped would be sympathetic to their case.
Furthermore, based on all the facts established from the statements, exhibits, affidavits and allegations in Appellant’s petition and first amended complaint, it is clear that Mr. Loeb was shamelessly engaged in forum shopping when he selected, in consultation with a member of the bar … Plaquemines Parish to file the immediate lawsuit, in full knowledge that it was the inappropriate location, ” court documents said. “Their behavior discredits and makes a mockery of the Louisiana justice system and bar and is revolting.”
Joe and Sofia first met at the White House Correspondents dinner in 2014 and are said to have had visible chemistry once introduced.
“We didn’t start dating until she was single,” the Magic Mike actor told E! News. “I’m trying not to fight in the White House.”
Happier: She has an adult son, Manolo, from a previous relationship and married Joe Manganiello in November 2015