According to Rolling Stone, Nirvana have won the lawsuit that was filed against them by Spencer Elden. The man, who appeared on the cover of Nirvana’s “Nevermind” as a baby, was originally suing the band for “child pornography.”
U.S. District Judge Fernando Olguin says he dismissed the case because Elden waited too long to file:
“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”
“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.”
Olguin 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 was currently seeking, but the original suit said he wanted a minimum of $150,000 per defendant.
In a previous motion to dismiss, Nirvana and Kurt Cobain’s widow, Courtney Love, claimed that Elden’s child pornography allegations were “not serious” and that they were “barred by the applicable statute of limitations.” The band also issued a statement saying that “no amendment [was] possible to salvage [Elden’s] claim.”