Federal court revives lawsuit against Nirvana over 1991 'Nevermind' naked baby album cover
ABC News
A federal appeals court has revived a child sexual exploitation lawsuit filed by the man who appeared naked in a pool as a 4-month-old on the cover of Nirvana’s 1991 album “Nevermind.”
LOS ANGELES -- A federal appeals court on Thursday revived a child sexual exploitation lawsuit filed by the man who appeared naked as a 4-month-old on the cover of Nirvana’s 1991 album “Nevermind.”
Spencer Elden's lawsuit against the grunge rock group alleges that he has suffered “permanent harm” as the band and others profited from the image of him underwater in a swimming pool, appearing to grab for a dollar bill on a fish hook.
The suit says the image violated federal laws on child sexual abuse material, although no criminal charges were ever sought.
A federal judge in California threw out the lawsuit last year but allowed Elden to file a revised version, which the judge later dismissed on grounds that it was outside the 10-year statute of limitations of one of the laws used as a cause of action.
Thursday's decision by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in California reversed that ruling and sent the case back to the lower court.
