Nick Loeb has lost once again in his legal battle to get custody of two frozen embryos he created with former fiancee Sofia Vergara in 2013. An appeals court in Louisiana upheld the dismissal of Loeb's custody lawsuit and accused him of "forum shopping" by bringing the case to the state, People reports. 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," the the Fourth Circuit Court of Appeal said. Loeb and the Modern Family star split up in 2014 and she married Joe Manganiello the following year.
The court accused Loeb and his lawyer of filing the case in an "improper venue" in the hope of getting a favorable ruling," reports Page Six. "Their behavior brings disrepute to and makes a mockery of the Louisiana legal system and the bar and is abhorrent," the court wrote. A Loeb attorney said they plan to take the case to the Louisiana Supreme Court. The embryos are in California, and court paper state that a 2017 case seeking "a permanent injunction to prevent Mr. Loeb from bringing the pre-embryos to term without Ms. Vergara’s express written consent" is still pending. (Vergara has explained why she doesn't want the embryos brought to term.)