![]() Elden then re-filed the suit in January 2022. The suit was later thrown out after Elden missed the deadline to respond to the defendants’ motion to dismiss. Elden first filed suit against Nirvana in 2021 for child sexual exploitation. US District Judge Fernando Olguin, who dismissed the case with prejudice, ruled that the case was filed well past the statute of limitations (10 years). Elden has claimed that the album cover, which was taken when he was four months old by a family friend, caused him “permanent harm” as well as a “lifelong loss of income-earning capacity.” The suit named several record labels, drummer Dave Grohl, bassist Krist Novoselic, Kurt Cobain’s estate, and photographer Kirk Weddle. Spencer Elden, now age 31, claimed in the lawsuit that the image amounted to child pornography. A Los Angeles judge has thrown out the lawsuit from the person who appeared naked on the cover of Nirvana’s Nevermind as a baby.
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