By Daniel Kreps, Rolling Stone / Yahoo | Nirvana has won the lawsuit the band faced over their Nevermind cover art after a judge dismissed the case — filed by Spencer Elden, the baby seen in the iconic photograph — for the final time, effectively ending the “child pornography” suit.
In an eight-page ruling, U.S. District Judge Fernando Olguin wrote that the lawsuit would grant the defendants’ motion for dismissal again on the grounds that Elden waited too long to file the lawsuit, based on a 10-year statute of limitations.
“In short, because it is undisputed that [Elden] did not file his complaint within ten years after he discovered a violation… the court concludes that his claim is untimely,” Olguin wrote.
The judge continued, “Because plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”
“We are pleased that this meritless case has been brought to a speedy final conclusion,” Bert Deixler, a lawyer for Nirvana, told Reuters.
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