NIRVANA 'Nevermind' Baby Lawsuit Dismissed

According to Variety, the lawsuit filed against the surviving members of NIRVANA as well as the estate of Kurt Cobain by the man who claims he was the baby featured on the cover of the band's "Nevermind" album, has been dismissed.

Last August, Spencer Elden filed the lawsuit, alleging the photo of the baby reaching for a dollar in a swimming pool violated federal child pornography statutes and arguing child sexual exploitation. He also claimed the image on the cover was taken and used without his consent.

On Monday (January 3), Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in Central California, dismissed the case after Elden missed his December 30 deadline to file an opposition to the defendants' motion to dismiss. The dismissal was made "with leave to amend," meaning Elden will have one more chance to issue a second amended complaint with a new deadline of January 13. If he doesn't, the suit will be dismissed without prejudice (which means another suit could be filed in the future). If Elden does refile by January 13, the defendants' lawyers will have a further two weeks to file a reply to the new suit.