Earlier this year, Nirvana and other related defendants were sued by Spencer Elliot the child pictured on the cover of Nevermind. The complaint cites six causes of action, most principally based on the allegations that “Defendants knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so…Despite this knowledge, Defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.”
Yesterday, a lawyer representing Nirvana filed a motion to dismiss the complaint. The motion to dismiss cites that the applicable statute of limitations has passed and also that the image is not pornographic. If the court agrees with Nirvana's motion, the complaint will likely be dismissed with prejudice, meaning the matter is concluded. Elliot's team has not filed a response to the motion, as of yet.