Nirvana Win ‘Nevermind’ Baby Lawsuit As Judge Dismisses Case

Nirvana has won the “child pornography” lawsuit filed by Spencer Elden, who famously appeared as a baby on the Nevermind cover art where he is reaching for a dollar in a swimming pool. According to Rolling Stone, US District Judge Fernando Olguin dismissed the lawsuit on the grounds that Elden waited too long to file the lawsuit, based on a 10-year statute of limitations. “In short, because it is undisputed that [Elden] did not file his complaint within ten years after he discovered a violation… the court concludes that his claim is untimely,” Olguin wrote in an eight-page ruling.

The judge continued: “Because plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”

A legal rep for Nirvana told Reuters: “We are pleased that this meritless case has been brought to a speedy final conclusion.”

Nirvana first filed a motion to dismiss the lawsuit in August 2021, arguing that Elden didn’t suffer any damages because he’d willingly promoted his involvement with the Nevermind cover art over the years, such as selling autographed copies of the cover and recreating the photo as an adult. They also said too much time had passed for Elden to sue.

Elden argued that he did meet the statute of limitations due to emotional distress, lost earning capacity, and “loss of enjoyment of life” in adulthood. Elden also alleged that the band promised to cover his genitals with a sticker, which was never incorporated into the album art, and that Cobain, Krist Novoselic, and Dave Grohl failed to protect him from being sexually exploited. The lawsuit alleges that the dollar bill on the cover made the baby resemble “a sex worker.” Elden was hoping to receive $150,000 from each party named in the lawsuit.

Elden had previously filed three versions of his complaint, but the judge’s dismissal will prevent him from filing a fourth.

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