According to Rolling Stone, Spencer Elden, the man who appeared on the cover of Nirvana’s “Nevermind” as a baby, has refiled his lawsuit against the band. This news comes shortly after a judge dismissed the initial suit.
As previously reported, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in Central California, dismissed the case after Elden failed to make a December 30 deadline to file an opposition to the defendants’ motion to dismiss. However, the dismissal was made “with leave to amend,” so Elden was able to issue another amended complaint before January 13, which he has since done.
The revised suit still claims Nirvana “intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the Nevermind album, the band, and Nirvana’s music, while earning, at a minimum, tens of millions of dollars in the aggregate.” However, the sex trafficking claims have now been dropped. It is unclear what Elden is currently seeking, but the previous suit said he wanted a minimum of $150,000 per defendant.
In their motion to dismiss, Nirvana and Kurt Cobain’s widow, Courtney Love, claimed that Elden’s child pornography allegations are “not serious” and that they are “barred by the applicable statute of limitations.”