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Judge Throws Out Nick Loeb's Embryo Lawsuit Against Sofia Vergara

Aug. 26 2017, Updated 6:50 p.m. ET

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Sofia Vergara won a victory in her long embryo legal battle with former fiancé Nick Loeb.

The Modern Family star's ex-fiance had sued her over custody of frozen embryos they had conceived together during their romance.

Loeb and Vergara have been battling it out in court for more than two years over embryos the former couple was planning on implanting in a surrogate. The two broke up in 2014 before they were able to go ahead with their plan, leaving the fate of the fertilized eggs, two girls Loeb named Emma and Isabella, in limbo.

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On Friday, a Louisiana judge dismissed Loeb's lawsuit against Vergara, 45, ruling that the court had no jurisdiction over the case as the embryos were conceived in California, as the Daily News reported.

Loeb, 41, wants the pair of frozen embryos he made with Vergara while they were engaged in 2013.

But after the two split up and Vergara, now married to Joe Maganiello, wants no part of conceiving with Loeb.

The couple had signed a contract at the ART Reproductive Center in Beverly Hills that stated neither could use the embryos without the other's consent.

Loeb filed his very modern suit in Louisiana because he claimed he and the actress had made plans to build a future in the Southern state together.

But in the Friday ruling, the Louisiana judge said the court had no jurisdiction over the case as the embryos were conceived in California.

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The judge said neither Vergara nor Loeb had ties to the state and that Loeb likely filed there due to Louisiana's favorable legislation protecting the rights of the unborn children.

But now the question is if Loeb will continue the fight by filing a new lawsuit for the embryos in California.

As Radar has reported, Vergara has won some legal skirmishes with Loeb over the case in the past but he keeps on fighting.

He won a recent legal motion to delay a hearing in the case.

Loeb insisted he already has formed a strong emotional attachment to his two unborn daughters and that he wants to bring them into the world. He has accused Vergara of harassing him during the court battle.

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