Judge Makes Ruling On 'Nevermind' Cover Lawsuit Against Nirvana

By Katrina Nattress

September 4, 2022

A judge has made a ruling on Spencer Elden's amended lawsuit against Nirvana. As Billboard reports, Judge Fernando M. Olguin ruled that the case was filed well past the statute of limitations (10 years) and dismissed the case with prejudice.

Elden, who is known as the Nevermind baby, first sued the surviving members of the band, as well as Kurt Cobain's estate, last August, claiming the use of his naked photo on the iconic 1991 album cover was sexual exploitation. He argued that he was unable to give consent to its use (he was four months old at the time), and his legal guardians didn't either, thus the image was child pornography.

After failing to meet a deadline late last year, a judge dismissed Elden's initial lawsuit; however, he was able to re-file. This time, Judge Olguin has barred Elden from re-filing, though he can choose to appeal.

When Elden filed his amended lawsuit earlier this year, Nirvana's lawyers issued a strong statement. "This case must end," states the band's official response. It then adds that "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."

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