After a judge dismissed Spencer Elden’s initial lawsuit in December, the “Nirvana Baby” now refilled the against the legendary grunge band, according to Consequences. Last year, Elden sued the band for alleged child-pornography due to the album cover of the ground-breaking Nevermind record.
After a long controversy, about the alleged motives behind the lawsuit, the surviving members of the band and Kurt Cobain’s widow Courtney Love, including Foo Fighter’s frontman Dave Grohl, filled a motion to dismiss the lawsuit. They argued in the motion that he was “not serious,” and that is why the lawsuit should not continue. Elden missed the deadline to respond to the motion given by the judge, and so, the suit was ultimately dismissed.
As Rolling Stone points out, Elden had the option to amend the lawsuit until January 13, and it looks like that is what he and his lawyers did. The new, amended, lawsuit alleges, the band “intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the Nevermind album, the band, and Nirvana’s music, while earning, at a minimum, tens of millions of dollars in the aggregate.”