‘Nevermind’ Baby’s Lawsuit Gets Thrown Out Of Court

A lawsuit filed by the person who modeled as a child for Nirvana’s iconic Nevermind album cowl has been dismissed—for now. Spencer Elden was 4 months when he was photographed nude in a Pasadena swimming pool again in 1991. As an grownup, Elden tried suing the band on baby pornography expenses this previous August.

The go well with, which was most recently amended in November, alleged that the band had subjected Elden to “commercial child sexual exploitation,” that left the now-30-year outdated man with “damages” he’ll undergo by means of for the remainder of his life.

“Defendants intentionally commercially marketed Spencer’s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense,” the criticism learn.

“Defendants used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention,” the go well with went on. “Wherein album covers posed children in a sexually seductive manner to gain notoriety, drive sales, and garner media attention and critical reviews.”

As a part of the go well with, Elden was searching for a minimum of $150,000 from every of the defendants: surviving band members Dave Grohl and Krist Novoselic, Cobain’s property executor Courtney Love, and Cobain’s property managers Guy Oseary and Heather Parry. The photographer and artwork director behind the shoot had been additionally named, together with a handful of report firms that distributed the album over Elden’s lifetime.

Some of these defendants moved to have the go well with dismissed in late December. Elden’s attorneys had been scheduled to file an opposition movement to maintain the case shifting ahead a couple of week after their submitting—and Elden’s crew simply… blew previous it. This led California District Judge Fernando M. Olguin to throw out the case as a result of Elden’s crew missed their deadline to reject the dismissal.

Olguin is giving Elden’s crew one other probability—this being their third—to amend, and refile the criticism. This time, Elden was given till January thirteenth to “carefully evaluate the contentions” that the Nirvana crew identified.