The verdict could still be in anyone’s favor as the frozen embryo legal battle between actress Sofia Vergara and ex-fiancée Nick Loeb continues.
The Hollywood Reporter reports that Loeb submitted a motion accusing Vergara of violating his First Amendment rights by suing him.
In 2012, the Colombian actress got engaged to Loeb, a scion of two affluent families. At that time, the then-couple reportedly decided to undergo in vitro fertilization at ART Reproductive Center in Beverly Hills, California.
In May 2014, Vergara announced that they called off the engagement.
Following the end of their relationship, Loeb initiated a lawsuit to acquire custody of the embryos. The two embryos are, apparently, both females — Emma and Isabella. He claimed that he and Vergara signed a document before. However, the said document reportedly did not state what will happen to the embryos if the couple decided to split.
In December 2016, Loeb dropped the case after the court ordered him to release the names of his ex-girlfriends who committed abortion. In his legal papers, he asserted that he wanted to protect the identities of the two women.
However, in the State of Louisiana, Loeb recently created trusts for Emma and Isabella. He also brought a new “right to life” case against his ex-fiancée.
Meanwhile, the “Modern Family” star filed a complaint against Loeb in California. She claimed that the latter has committed promissory fraud and pursued malicious prosecution.
“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,” The legal papers submitted by Vergara reads.
In response, Loeb and his lawyer, Jennifer McGrath, cited California’s strategic lawsuit against public participation (SLAPP).
Through a written statement, McGrath asserted that the SLAPP statute “requires that [Vergara’s] entire Complaint be stricken immediately: Loeb’s actions in initiating litigation to determine his rights constitute speech pursuant to a judicial proceeding, and Plaintiff cannot demonstrate a ‘reasonable probability’ of success on the merits of any of her claims.”
A court hearing will take place on May 11.