Nirvana Wins Dismissal Of ‘Nevermind’ Naked Baby’s Lawsuit

A judge has dismissed the third version of the lawsuit against Nirvana filed by the man who claims he was the baby featured on the cover of the band’s “Nevermind” album.

The decision was made on Friday by U.S. District Judge Fernando Olguin in Los Angeles.

The claim was filed by Spencer Elden and the judge said that “he waited too long to claim the photo of the baby reaching for a dollar in a swimming pool violated federal child pornography statutes and arguing child sexual exploitation.

He claims the photo was taken and used without his consent. Olguin’s dismissal prevents Elden from filing a fourth version of his complaint.

“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 in the eight-page ruling.

Do you agree with the judge?