Nirvana wins dismissal of lawsuit over naked baby on 'Nevermind' album cover
A federal judge last week dismissed a lawsuit filed by a man who appeared on the cover of the Nirvana album "Nevermind" as a naked 4-month-old baby and claimed
A federal judge last week dismissed a lawsuit filed by a man who appeared on the cover of the Nirvana album "Nevermind" as a naked 4-month-old baby and claimed decades later that the photo constituted child pornography.
U.S. District Judge Fernando Olguin of the Central District of California said Friday that Spencer Elden, 31, waited too long to claim Nirvana sexually exploited him when the Seattle grunge rock band used an image of him swimming naked toward a dollar bill on the cover of the hit record in 1991.
The lawsuit was filed against the estate of the late Nirvana frontman Kurt Cobain; Cobain's former bandmates Dave Grohl and Krist Novoselic; Cobain's widow, Courtney Love; photographer Kirk Weddle; and other defendants, including several record labels.
Judge tosses lawsuit against Nirvana over 'Nevermind' album coverJan. 5, 202204:55Olguin dismissed an earlier version of the complaint in January, saying at the time that Elden's lawyers had missed a filing deadline.
In the eight-page ruling Friday, Olguin wrote that the "plaintiff’s action will be dismissed without leave to amend," suggesting that Elden cannot file another version of his complaint. In a statement, however, Elden's lawyers said he "intends to appeal this ruling."
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