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Entertainment Sofia Vergara's ex loses appeal in lawsuit over custody to pre-embryos

20:26  02 february  2021
20:26  02 february  2021 Source:   dailymail.co.uk

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Sofia Vergara, Nick Loeb, Sofia Vergara posing for the camera: MailOnline logo © Provided by Daily Mail MailOnline logo

Sofia Vergara's ex-fiance, Nick Loeb, lost another legal battle over custody rights to pre-embryos.

The Fourth Circuit Court of Appeal in Louisiana ruled in favor of Sofia last week, which upheld the dismissal of a lawsuit Nick held in an attempt to claim custody of the pre-embryos.

In addition to the motion, the court unsealed related documents to the public, a reversal which had previously sealed discovery in the case, according to PEOPLE.

Nick Loeb, Sofia Vergara posing for a picture: Long battle: Sofia Vergara's ex-fiance, Nick Loeb, lost another legal battle over custody rights to pre-embryos; seen in 2013 © Provided by Daily Mail Long battle: Sofia Vergara's ex-fiance, Nick Loeb, lost another legal battle over custody rights to pre-embryos; 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.

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She has been locked in a bitter lawsuit with her ex since 2015 when he filed documents to protect, and bring to term, two female embryos, which they had created and planned to use with a surrogate during their relationship.

Nick filed the lawsuit in Louisiana because officials there do consider embryos as human beings, whereas California — where they were created — calls them products.

Nick Loeb, Sofia Vergara are posing for a picture: In the past: Nick and Sofia called off their engagement in 2014 after dating for four years; seen in 2010 © Provided by Daily Mail In the past: Nick and Sofia called off their engagement in 2014 after dating for four years; seen in 2010

Sofia and Nick had signed a contract at the ART Reproductive Center in Beverly Hills when they created the embryos in 2013, which stated neither could use them without the consent of the other.

She was sued by the embryos in 2016, when a right-to-live lawsuit was filed on their behalf in Louisiana.

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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.'

Sofia Vergara, Nick Loeb posing for a picture: Over: Sofia and Nick had signed a contract at the ART Reproductive Center in Beverly Hills when they created the embryos in 2013, which stated neither could use them without the consent of the other; seen in 2014 © Provided by Daily Mail Over: Sofia and Nick had signed a contract at the ART Reproductive Center in Beverly Hills when they created the embryos in 2013, which stated neither could use them 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 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,' the court documents state. 'Their behavior brings disrepute to and makes a mockery of the Louisiana legal system and the bar and is abhorrent.'

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Joe and Sofia first met at the White House Correspondents dinner in 2014 and are said to have had visible chemistry as soon as they were introduced.

'We didn't start dating until she was single,' the Magic Mike actor told E! News. 'I'm not trying to start a fight at the White House.'

Sofia Vergara, Joe Manganiello sitting in a car posing for the camera: Happier: She has an adult son, Manolo, from a previous relationship and married Joe Manganiello in November 2015 © Provided by Daily Mail Happier: She has an adult son, Manolo, from a previous relationship and married Joe Manganiello in November 2015 Read more

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