Spencer Elden, the infant on the cover of Nirvana’s 1991 album ‘Nevermind,’ has refiled his lawsuit against the band. He is now 35 years old.
Elden’s situation was rejected initially because he missed a motion deadline on Jan. 3, but as per his lawyer, he recently met the judge’s deadline to refile and did so on Wednesday, Jan. 13.
The lawsuit names several well-known people in Nirvana, including Dave Grohl and Krist Novoselic, as well as Kurt Cobain’s widow and the administrator of his estate, Courtney Love. Nirvana LLC is also named.
Elden’s lawyer stated, as per The BBC, “As a result of the above actions, Spencer has suffered damages during the 10 years preceding the filing of this action, and he will continue to suffer damages as long as the violations described above persist.”
Elden, now 30 years old, insists that the controversial image constituted child pornography and caused him a significant amount of “emotional suffering,” which he continues to deal with today.
His lawyers added, “Like creators of other controversial album covers, the defendants sought to garner attention by using a sexually explicit image that intentionally focused on Spencer’s carefully positioned enlarged genitals.”
Variety reports that Elden would not have been able to refile the case by the deadline if he had not done so on time, according to the paperwork. The defendants may choose to file for an additional motion to dismiss on January 20.
What are your thoughts on the lawsuit? Does Elden have a case against Nirvana?