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In a filing in Los Angeles federal court, the
band said Spencer Elden waited too long to claim it sexually
exploited him, dooming the third and latest version of his
complaint.
"While there is no serious question that the photograph is not
'child pornography,' Elden's case is long barred by the statute
of limitations," the band's lawyers wrote. "For Elden, this is
strike three. This case must end."
A lawyer for Elden did not immediately respond on Tuesday to
requests for comment.
The "Nevermind" album cover depicted Elden swimming naked toward
a dollar bill pierced with a fish hook.
Elden has said the photo caused him "lifelong damages" while
letting Nirvana reap tens of millions of dollars at his expense.
"Nevermind," which features the song "Smells Like Teen Spirit,"
had album sales topping 30 million.
Elden's latest complaint included details he hoped would show he
filed the August 2021 lawsuit within the federal 10-year statute
of limitations.
But Nirvana's lawyers said Elden did not identify any "new
victimization ... which he reasonably discovered for the first
time after August 2011 to re-start the clock."
They quoted from a 2003 interview with Rolling Stone magazine in
which Elden, then 12, said: "Every five years or so, somebody's
gonna call me up and ask me about 'Nevermind' ... and I'm
probably gonna get some money from it."
The defendants include Nirvana band members Dave Grohl and Krist
Novoselic, late lead singer Kurt Cobain's widow Courtney Love,
several record labels and the photographer, Kirk Weddle.
A hearing before U.S. District Judge Fernando Olguin is
scheduled for Feb. 24.
(Reporting by Jonathan Stempel in New York; Editing by Bill
Berkrot)
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