The lawsuit filed by the Nevermind cover baby Spencer Elden has been dismissed for the final time, Rolling Stone reports.
As previously reported, Elden sued Nirvana in August 2021, alleging that the cover artwork of the band’s 1991 album Nevermind constituted child pornography. The now-iconic cover features a photo of Elden, then a four-month-old baby, swimming naked underwater while reaching for a dollar bill.
The suit named current Nirvana members Dave Grohl and Krist Novoselic, as well as late frontman Kurt Cobain and his widow, Courtney Love. The Nevermind cover photographer, art director and various record labels were also listed as defendants.
Lawyers for Nirvana called Elden’s suit “not serious” and “absurd,” and argued that the statute of limitations on Elden’s allegations have expired. The suit was initially dismissed in January 2022, but Elden was allowed to refile an amended complaint.
Now, according to Rolling Stone, U.S. District Judge Fernando Olguin has dismissed the suit once more, citing the expired statute of limitations.
“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,” the judge’s ruling reads.
Elden’s lawyer tells Rolling Stone that their client “intends to appeal this ruling.”
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