The Fourth Circuit Court of Appeal in Louisiana has sided with Modern Family star, Sofia Vergara, in her many years-long battle against ex-fiancé Nick Loeb over custody rights to her own embryos, according to PEOPLE.
The pair, who split in 2014, have been in ongoing court battles since 2017 when Vergara went to court in Beverly Hills to block Loeb from using her frozen embryos without her written consent. Loeb then pursued his own action and attempted to gain full-custody of the viable pre-embryos in order to bring them to term. The case was dismissed but he has continued his attempt in Louisiana court—which now has been dismissed.
The Louisiana Court documents revealed that the court itself was not happy that Loeb and his attorney had engaged in “forum shopping.”
The Fourth Circuit 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.”
“Furthermore,” the judgment stated, “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. Their behavior brings disrepute to and makes a mockery of the Louisiana legal system and the bar and is abhorrent.”
Additionally, the order entered a reversal of the trial court order that sealed discovery in the case, therefore unsealing related documents to the public.
The case in Beverly Hills is still open and pending.