The Nevermind baby artwork lawsuit has been dismissed–for now

Spencer Eldon was just a few months old when he was thrown into a pool and had his picture taken for the cover of Nirvana’s Nevermind album. For the next 30 years, he made a big deal of that, recreating the shot on a number of occasions. He also had the title of the album tattooed across his chest.

Then, in 2021, he decided that he’d been exploited in a way that smacked of pedophilia and sued Nirvana and everyone associated with the album for ruining his life as a result of this child exploitation. Nirvana fought back, of course, with a move to dismiss the suit.

But then Eldon’s lawyers screwed up. Because his legal team didn’t file a response to Nirvana’s move in time–the deadline was December 30–the case was dismissed. However, these same lawyers have until January 13 to refile another complaint. The court said it will “grant defendants’ Motion and give plaintiff one last opportunity to amend his complaint.”

If they don’t refile, they’re done. If they do, Nirvana has until January 27 to reply to the refiled lawsuit.

In other words, this isn’t over yet. Stay tuned.

(Via Spin)

Alan Cross

is an internationally known broadcaster, interviewer, writer, consultant, blogger and speaker. In his 40+ years in the music business, Alan has interviewed the biggest names in rock, from David Bowie and U2 to Pearl Jam and the Foo Fighters. He’s also known as a musicologist and documentarian through programs like The Ongoing History of New Music.

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