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In a decision on Friday, U.S. District Judge
Fernando Olguin in Los Angeles said Spencer Elden waited too
long to claim Nirvana sexually exploited him, having sued more
than 10 years after learning about the cover.
Other defendants included Nirvana members Dave Grohl and Krist
Novoselic, late lead singer Kurt Cobain's widow Courtney Love,
several record labels and photographer Kirk Weddle.
The lawsuit stemmed from Nirvana's use of a photo taken by
Weddle in 1991 at the Pasadena Aquatic Center in California,
which depicted Elden swimming naked toward a dollar bill pierced
with a fish hook.
Elden was interviewed in 2003 at age 12 by Rolling Stone
magazine about the photo, saying he was "probably gonna get some
money from it," and recreated the image as an adult in 2016 with
"Nevermind" tattooed on his chest.
He nevertheless claimed in his lawsuit, which began in August
2021, that he met the statute of limitations because his
injuries including emotional distress, lost earning capacity and
"loss of enjoyment of life" continued into adulthood.
The judge rejected that argument, saying it would effectively
permit Elden to sue Nirvana indefinitely.
"In sum, plaintiff fails to allege that he knew of a violation
that occurred while he was a minor or an injury that forms the
basis of the claim within ten years of filing this action,"
Olguin wrote.
Elden had filed three versions of his complaint, and Olguin's
dismissal prevents him from filing a fourth.
A lawyer for Elden did not immediately respond on Saturday to
requests for comment.
Bert Deixler, a lawyer for the defendants, said: "We are pleased
that this meritless case has been brought to a speedy final
conclusion."
"Nevermind" features the song "Smells Like Teen Spirit." Sales
topped 30 million.
(Reporting by Jonathan Stempel in New York; editing by Diane
Craft)
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