‘Nevermind’ baby Spencer Elden refiles lawsuit against Nirvana after initial lawsuit was dismissed

The lawsuit was initially dismissed in early January
Nirvana
Photo credit Getty Images

What’s that old saying? If at first you don’t succeed, try again? That’s certainly the case here.

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Just a week after a judge dismissed his initial lawsuit, Spencer Elden has refiled a lawsuit against Nirvana.

As you may recall, Elden was the baby featured on the cover of Nirvana’s 1991 album Nevermind where he was swimming naked in a pool. His lawsuit against the band claimed child abuse, exploutation, and lifelong damage as a result.

Earlier in January, Central California U.S. District Court Judge Fernando M. Olguin dismissed the case “with leave to amend.” Olguin gave Elden a January 13th deadline to refile a new complaint. Well, January 13th has arrived and Elden has refiled his complaint.

According to Rolling Stone, Elden’s amended complaint claims Nirvana, the estate of Kurt Cobain, photographer Kurt Weddle, and various record labels “intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the Nevermind album, the band, and Nirvana’s music, while earning, at a minimum, tens of millions of dollars in the aggregate.”

The amended complaint drops a claim that’s related to sex trafficiking. Elden is seeking monetary compensation and has requested that all future re-releases of Nevermind feature different cover art.

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