He ruled lawyers for Elden missed the deadline to file an opposition motion to the defunct band's legal team request to dismiss the case, which was made in December. Spencer Elden filed the lawsuit in August, accusing the band of violating federal pornography laws and exploiting him, as an image of him swimming naked as an infant was featured in the artwork for the 1991 record.Īccording to editors at Spin magazine, Judge Fernando M Olguin dismissed the case "with leave to amend" at the California District Court on Monday. A judge has dismissed a lawsuit brought against Nirvana by the man who featured on the cover of their album Nevermind as a baby.
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