The battle for the cover of Nirvana's Nevermind may be drawing to a close.
As you all know, last year, Spencer Elden, who is on the album cover (as a baby) sued the band under a civil Child pornography cause-of-action as well as child sex trafficking. Nirvana denied the relevant allegations and filed a motion to dismiss the case. Elden's attorneys did not respond to the motion and the judge granted the motion with leave to amend. On January 13, Elden's attorneys filed an Amended Complaint, which keeps the child pornography claim but drops the child sex trafficking one.
Nirvana has filed a new motion to dismiss the amended complaint- and has asked for the dismissal to be with prejudice, which would end the matter entirely. The motion states, “For Elden, this is strike three. This case must end.” The motion focuses on the point that any claims that Elden could have brought are now barred by the applicable statute of limitations, and that the new amended complaint does not present any new allegations which would extended the running time of when Elden could have filed a claim.
Elden's attorneys now have the ability to respond to the motion and argue why the case should not be dismissed. We'll keep you updated.