Metal Anarchy

As previously reported, Spencer Elden, the man who appeared on the cover of Nirvana’s “Nevermind” as a baby, recently refiled his lawsuit against the band after a judge dismissed his initial complaint. Now, according to Rolling Stone, the band have fired back, saying “this case must end.”

Nirvana said the following:

“No amendment is possible to salvage [Elden’s] claim. In his ever-shrinking pleading, Elden has now dismissed all but one of the myriad state- and federal-law claims he previously attempted to charge against defendants. The time has run. Elden’s decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. It is as simple as that.”

Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in Central California, previously dismissed the case after Elden failed to make a December 30, 2021 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, 2022.

The revised suit still claimed that 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 were ultimately 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 previous 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.”

[via Blabbermouth]