A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a baby on the 1991 cover of Nirvana’s “Nevermind' is child pornography.
FILE - Nirvana band members, from left, Krist Novoselic, Dave Grohl and Kurt Cobain pose after receiving an award for best alternative video at the 10th annual MTV Video Music Awards in Universal City, Calif., on Sept. 2, 1993. A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a baby on the 1991 cover of Nirvana’s “Nevermind" is child pornography.
FILE - Nirvana band members, from left, Krist Novoselic, Dave Grohl and Kurt Cobain pose after receiving an award for best alternative video at the 10th annual MTV Video Music Awards in Universal City, Calif., on Sept. 2, 1993. A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a baby on the 1991 cover of Nirvana’s “Nevermind" is child pornography.
LOS ANGELES — A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a 4-month-old on the 1991 cover ofJudge Fernando M. Olguin on Monday granted a motion to dismiss the suit from the defendants, who include surviving Nirvana members Dave Grohl and Krist Novoselic and the estate of Kurt Cobain, but left the door open for plaintiff Spencer Elden to refile an amended version.
The dismissal came after Elden’s attorneys did not file an opposition to the defendants’ motion to dismiss by a Dec. 30 deadline. The attorneys declined comment Tuesday. The lawsuit, filed in August in federal court in California, said that Elden had suffered “lifelong damages” as the band and others profited from the ubiquitous image of him naked underwater appearing to swim after a dollar bill on a fish hook.The motion to dismiss filed Dec.
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