Mabie continued, “The cover of Nevermind was created at a time when Spencer was a baby, and it`s impossible for him to get out of that victimization as long as his image remains in distribution.” Spencer Elden is appealing the rejection, his lawyers told NPR, arguing that the judge in the case misinterpreted the federal child sexual exploitation law, known as Masha`s law. Elden says Nirvana and his record company profited from child pornography by selling the album he is famous on. “Spencer`s victimization as a child remains frozen in time. His childhood will continue to be attacked and he will be victimized repeatedly as long as the `Nevermind` cover continues to circulate,” his lawyers argued. “The continued distribution of Spencer`s child pornography on the cover of the `Nevermind` album repeatedly hurts the baby depicted on the cover, even though he is now an adult.” Plaintiff Spencer Elden, who appeared on the album cover as a naked baby, claimed he was a victim of child sexual exploitation. But the trial of a man who appeared as a naked baby on the band`s groundbreaking album Nevermind is still not bearing fruit: a federal judge has again dismissed the lawsuit. “We are pleased that this unfounded case has been brought to a swift final conclusion,” Nirvana attorney Bert Deixler told Reuters. They said the statute of limitations for such a case expired more than a decade ago and Elden`s claims that the image depicted child sexual abuse were false. On Monday, Elden`s attorneys appealed to take his case to the 9th District Court of Appeals. Nirvana won the lawsuit the band faced for their cover of Nevermind after a judge dismissed the case — filed by Spencer Elden, the baby in the iconic photo — for the last time, ending the “child pornography” trial.
But in recent years, Elden`s opinion has seemed to darken, culminating in a legal battle that began in August 2021. The judge apparently was not impressed by the claims of Elden`s lawyers. On Friday, U.S. District Judge Fernando M. Olguin, dismissed Elden`s case with prejudice, arguing that the lawsuit was filed beyond the 10-year statute of limitations. 3. SEPTEMBER (Reuters) – Nirvana has secured the dismissal of a lawsuit filed by a man who claimed his portrayal of a four-month-old naked baby on the cover of the band`s landmark 1991 album “Nevermind” was child pornography. “The case is likely to be dismissed,” Matthew Matejcek, a criminal defense attorney for Beles & Beles, told Rolling Stone in August. 2021 and refers to the Department of Justice`s definition of child pornography. “It must appeal to the cherishful interest of the spectator.
The question is whether this album cover evokes pleasurable interest, sexual stimulation or viewer satisfaction. And I think it`s pretty clear that that`s not the point. In the U.S. District Court for the District of California, Judge Fernando M. Olguin dismissed the case Monday “with leave to change.” Elden`s lawyers missed the deadline to appeal the Nirvana estate`s request to dismiss the case filed in December. His team has until January 13 to re-register. A judge has dismissed a lawsuit against Nirvana by Spencer Elden, who appeared as a naked baby on the cover of the band`s classic 1991 album, Nevermind, Spin magazine reports. A federal judge last week dismissed a complaint filed by a man who appeared on the cover of Nirvana`s “Nevermind” album as a 4-month-old naked baby decades later said the photo depicted child pornography. Bert Deixler, a lawyer for the defendants, told Reuters: “We are pleased that this unfounded case has been brought to a speedy final conclusion.” Elden`s lawyers revived the trial the following month, removing allegations of child sex trafficking from the previous version of the trial, which also listed the estate of Kurt Cobain, photographer Kirk Weddle and various record labels. Elden plans to appeal, his lawyers said in a statement provided to USA TODAY. “Here, the plaintiff does not deny that more than a decade before filing this complaint, he knew of injuries resulting from the defendant`s activities related to the use of his image on the cover of the album Nevermind,” Olguin said. In an eight-page ruling, U.S. District Judge Fernando Olguin wrote that the lawsuit would again grant the defendants` motion to dismiss because Elden had waited too long to bring the lawsuit, based on a 10-year statute of limitations.
Elden`s lawyers argue that the damage inflicted on him continues and continues in the years following that he is no longer a minor. They note, for example, that the band and their label reissued Nevermind last year, with him on the album cover, to celebrate their 30th anniversary. “Nevermind” — a rock classic rooted in the hit singles “Smells Like Teen Spirit” and “Come as You Are” — propelled Nirvana to mainstream success. The album has sold tens of millions of copies and is widely regarded as a milestone in American pop music. In a December 2021 motion to dismiss the “unfounded” lawsuit, first filed in August. In 2021, Nirvana`s lawyers argued that Elden`s willingness to connect with Nevermind`s cover over the years — such as selling signed copies of the cover and, at one point, recreating the photo as an adult for a paid appearance — proved he had suffered no harm. They also argued that too much time had passed to prosecute Elden. Kanye West used pornography, bullying and “mind games” to control staff Lisa Murkowski wins re-election in Alaska and defeats Trump-backed rival Trump boasted that “evangelicals” would “never leave him.” Then defectors Trump`s ex-lawyer says Colorado victims reap consequences of `eternal damnation` U.S. District Judge Fernando Olguin of the Central District of California said Friday that Spencer Elden, 31, waited too long to claim Nirvana sexually exploited him when the Seattle grunge-rock band used a photo of him swimming naked toward a dollar bill. on the cover of the hit album in 1991.
But the defendants argue that the statute`s statute of limitations “cannot be suspended indefinitely as long as a plaintiff is fully aware that a known person has been doing the same thing to him or her for more than 10 years.” Diana Dasrath is an entertainment producer and senior reporter for NBC News, covering all platforms. Elden`s family received about $200, Elden`s father told National Public Radio in 2008. Nevertheless, in his trial, which began in August 2021, he claimed he prescribed because his injuries such as emotional distress, loss of earning capacity and “loss of enjoyment of life” continued into adulthood. The judge rejected that argument, saying it would effectively allow Elden to sue Nirvana indefinitely. An Elden attorney did not immediately respond to requests for comment Saturday. Elden had filed three versions of his complaint, and Olguin`s dismissal prevented him from filing a fourth. Nirvana band members Krist Novoselic (left to right) Dave Grohl and Kurt Cobain pose after winning Best Alternative Video for “In Bloom” at the MTV Video Music Awards on September 2, 1993 in Universal City, California. Mark J. Terrill/AP Hide the legend Olguin dismissed an earlier version of the lawsuit in January, saying at the time that Elden`s lawyers missed a deadline.
“A brief examination of Elden`s photograph or own conduct (not to mention the presence of the photograph in the homes of millions of Americans guilty of criminal possession of child pornography according to Elden`s theory) makes this clear.” Olguin had previously dismissed Elden`s lawsuit in January after his lawyers missed a deadline to respond to a defense request. The judge allowed Elden`s team to file a modified complaint after that mistake — but his new decision doesn`t offer that leeway. Elden recreated the photo of the pool several times as a teenager and adult, donning a swimsuit for the album`s 17th, 20th and 25th anniversary photo shoots. According to Olguin`s interpretation of the law, “child pornography vaporizes as soon as the victim of the contraband image reaches the age of 28,” Mabie wrote in an email to NPR. “By this logic, any child producer – like the original author of Masha Allen – could simply wait for the clock and redistribute abusive material with impunity. Spencer`s childhood victimization remains frozen in time. In a ruling Friday, U.S. District Judge Fernando Olguin in Los Angeles said Spencer Elden waited too long to say Nirvana sexually exploited him after suing more than 10 years after the cover became known.