(ConservativeHub.com) – One of Nirvana’s biggest albums was 1991’s Nevermind, which featured a naked baby swimming underwater toward a dollar bill. The all-grown-up “baby,” Spencer Elden, filed a lawsuit against the band for damages due to his appearance on that cover, and a judge has finally made a ruling in the case.
On January 3, US District Judge Fernando M. Olguin approved the dismissal of the lawsuit requested by Nirvana’s legal team. Judge Olguin cited a failure by Elden’s legal team to meet the response deadline.
Judge Dismisses Lawsuit Accusing Nirvana of Child Pornography, But Gives Man Who Was Naked Baby on Album Cover ‘One Last Opportunity’ to Fix Complainthttps://t.co/ZuJvpbXkJ5
— Law & Crime (@lawcrimenews) January 4, 2022
In his lawsuit, the man claimed that he suffered harm from the photo. His attorneys said it was child pornography and equated its use to commercial child sexual exploitation. He was looking for $150,000 from each named defendant, along with punitive damages and attorney fees.
The band’s legal team objected to Elden’s claims, saying the man had been profiting from his appearance on the high-profile album for years before he decided to try to get a larger chunk of money. They filed for dismissal.
Along with the order, the judge offered Elden one more chance to amend the claim and refile the matter. However, he voiced concerns that any future claims could be time-barred because the album release was almost 30 years prior to any legal filings. He gave the man until January 13 to refile and said if Elden missed the deadline, he would dismiss the case without prejudice, which would remove all rights ever to refile.
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