Nirvana has won the “child pornography” suit filed by Spencer Elden, the baby seen in the Nevermind cover art. In an eight-page ruling, Judge Fernando M. Olguin dismissed the case on the grounds that Elden waited too long to file the lawsuit, based on a 10-year statute of limitations. “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,” Olguin wrote.
“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 jugde continued.
A lawyer for Nirvana told Reuters: “We are pleased that this meritless case has been brought to a speedy final conclusion.”
Nirvana first filed a motion to dismiss the lawsuit in August 2021, arguing that Elden had willingly associated himself with the Nevermind cover over the years and that too much time had passed for him to sue. Elden revived the lawsuit in January, removing the claim that that the defendants, which also listed Kurt Cobain’s estate, photographer Kirk Weddle, and various labels, “knowingly benefit from participation in what they know or should know is a sex trafficking venture.” The judge’s dismissal will prevent Elden from re-filing the suit, but he can still submit an appeal.