Nirvana’s Lawyers Growing Impatient With Spencer Elden
via John Chapple / Youtube
The Nirvana’s Nevermind baby suing saga continues between the band and the now 30-year-old Spencer Elden, and it’s making the band’s lawyers grow impatient with Elden.
This week, Nirvana’s counsel made another motion to dismiss the child pornography lawsuit Elden brought against the band after he refiled the initial complaint that was dismissed by a California federal judge on January 3.
The initial suit was filed on August 23, 2021 in a California court in which Elden sued Nirvana and its team for child sexual exploitation claiming that the photograph of him at the age of 4 months and was used for the Nevermind iconic album cover was not taken with his consent and constitutes as child pornography.
Elden is asking a worth of damages of at least $150,000 from Nirvana band members Dave Grohl and Krist Novoselic, as well as Kurt Cobain’s widow Courtney Love (the executor of Cobain’s estate), as defendants, along with photographer Kirk Weddle, Nirvana L.L.C., Universal Music Group, UMG Recordings, MCA Records and The David Geffen Company added with the album’s graphic designer, Robert Fisher.
“This case must end,”
The band’s legal asked the court for an “order dismissing this action, with prejudice … on the ground that it is barred by the statute of limitations.”
Nirvana’s team asserted that,
“no amendment is possible to salvage [his] claim. In his ever-shrinking pleading, Elden has now dismissed all but one of the myriad state and federal law claims he previously attempted to charge against defendants.”
Nirvana’s lawyers argued the suit was time-barred and that Elden “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby.'”
The next hearing is scheduled for February 24.