Modern Family star Sofia Vergara has moved another step closer to putting her relationship with former fiance Nick Loeb behind her as a federal judge in Louisiana has ruled in her favor. Vergara and Loeb had been fighting over frozen embryos that resulted from the couple’s IVF treatments back in 2013. Nick Loeb filed a lawsuit against Vergara on behalf of the embryos claiming that they had a right to be born.
In anticipation of his fight in court, Nick Loeb started rubbing elbows with some powerful friends he thought might support him in his new pro-life cause. Loeb was photographed at Donald Trump’s Mar-a-Lago property with Vice President Mike Pence. But Sofia Vergara’s lawyers argued that Nick Loeb’s pro-life stance is new, and on her side were two of Loeb’s ex-girlfriends who say he encouraged them to have abortions.
Sofia Vergara’s lawyers were able to get the case thrown out of state court earlier this year.
“Clearly, purported plaintiffs filed this suit in Louisiana in an obvious attempt to ‘forum shop’ for a venue with a state law that Mr. Loeb believes is favorable to his position.”
Loeb and his lawyers named the two embryos “Emma” and “Isabella” and started trusts for each in Louisiana, which happens to be the only state that ascribes rights to embryos.
Now Modern Family star Sofia Vergara has scored another victory as a Louisiana federal judge tossed out the case, dealing Nick Loeb a crushing blow. The Louisiana federal judge said that the embryos, which were created in California and are currently stored on Beverly Hills, are not “citizens” of Louisiana.
Nick Loeb says he still wants to be a father, which was the original plan, but Vergara does not want the embryos implanted, as she and Loeb broke off their relationship before they married, and she has since wed actor Joe Manganiello. In Loeb’s extensive lawsuit, he claims that Sofia Vergara abandoned the embryos “Emma” and “Isabella,” and so they now belong to him.
But that’s not how the case between Sofia Vergara and Nick Loeb is working out, mostly because Vergara and Loeb both signed an agreement that requires both parties to agree to implant the embryos. According to Sofia Vergara’s lawyers, Nick Loeb went venue shopping to try and get around the agreement that the two parties signed back in 2013.
“The terms of the Contract expressly state that neither party may use the pre-embryos created from the IVF procedure without the ‘explicit written consent’ of the other party.”
Loeb’s argument was that the embryos had not signed the agreement, and they had rights too.
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But Sofia Vergara’s legal team not only wants to stop Loeb from using the embryos, they want to end the legal action she deems as harassment.
“[Sofia Vergara] is asking for a declaration from the court that any attempts by her ex to bring the pre-embryos to term is a breach of their original contract, a permanent injunction against his doing so, unspecified general and also special and punitive damages and court costs she’s accumulated over the two-year legal.”
Are you surprised that Modern Family star Sofia Vergara came out ahead of Nick Loeb in state and federal court in Louisiana? Do you think Loeb really wants to implant the embryos or is this harassment because Vergara and Loeb broke up?
[Featured Image by Christopher Polk/Getty Images]