Grunge band Nirvana has received a controversial lawsuit introduced by Spencer Elden, who appeared bare on the duvet of the 1991 album “Nevermind” as a child and later claimed that the photograph amounted to little one pornography, in response to Reuters.
In Los Angeles on Friday, U.S. District Choose Fernando Olguin dominated that Elden waited too lengthy to file the go well with and cited a 10-year statute of limitations, in response to Rolling Stone. It was first filed in August 2021, with the defendants motioning in December to dismiss it.
Elden’s attorneys amended the go well with in January and eliminated costs of kid intercourse trafficking that listed Nirvana frontman Kurt Cobain’s property, photographer Kirk Weddle and several other document labels as defendants, Rolling Stone reported.
“In short, because it is undisputed that [Elden] did not file his complaint within ten years … the court concludes that his claim is untimely,” Olguin wrote in his ruling.
The band’s attorneys stated that along with submitting too late, Elden had additionally benefited from the photograph of himself as a 4-month-old. Elden had bought autographed copies of the duvet and even recreated the photograph for pay as an grownup, they stated.
When Rolling Stone interviewed him in regards to the picture in 2003, Elden stated he was “probably gonna get some money from it.”
The photograph was taken on the Pasadena Aquatic Heart in California. The quilt depicted Elden swimming towards a fishhook piercing a greenback invoice.
Elden’s preliminary go well with cited “loss of enjoyment of life,” emotional misery and diminished incomes capability. The courtroom had rejected that argument and stated it will permit Elden to sue Nirvana time and time once more — with Friday’s ruling blocking any extra filings.
“We are pleased that this meritless case has been brought to a speedy final conclusion,” Bert Deixler, a lawyer for the defendants, instructed Reuters.