Sofia Vergara's Ex Nick Loeb Loses Appeal in Ongoing Legal Battle Over Frozen Embryos
The pair did IVF together prior to their broken engagement in 2014
Last Wednesday, Jan. 27, the Fourth Circuit Court of Appeal in Louisiana ruled in the Modern Family actress' favor, upholding the dismissal of a lawsuit seeking to obtain custody of the pre-embryos. The court additionally entered a reversal of the trial court order that sealed discovery in the case, therefore unsealing related documents to the public, according to court documents obtained by PEOPLE.
In 2017, Vergara filed legal documents in California hoping to block Loeb from being able to use, without her written consent, the frozen pre-embryos they created via IVF at the ART Reproductive Center in Beverly Hills while still together in 2013. This matter is still pending, per court docs.
Loeb's initial case of trying to gain full-custody of the viable pre-embryos in order to bring them to term was dismissed prior to that, he has continued his attempt in Louisiana court — which now has been dismissed.
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The court found that Loeb "is not domiciled in, does not maintain a residence in, and does not have the intent to be domiciled or a resident of any parish in the State of Louisiana" and accused Loeb's team of "forum shopping" to find a court they hoped would be sympathetic to their case, even though it was not the proper jurisdiction.
"Furthermore, based on all of the facts ascertained through the deposition testimony, exhibits, affidavits and allegations contained in Appellant's petition and first amended complaint, it is clear that Mr. Loeb blatantly engaged in forum shopping when he selected, in concert with a member of the bar ... Plaquemines Parish to file the instant lawsuit, with full knowledge that it was the improper venue," reads the court documents. "Their behavior brings disrepute to and makes a mockery of the Louisiana legal system and the bar and is abhorrent."
A rep for Vergara did not comment when reached by PEOPLE. An attorney for Loeb tells PEOPLE, "We will be appealing to the Louisiana Supreme Court."