A federal judge ruled that Spencer Alden, best known as the naked baby on the cover of Nirvana’s “No Matter What” album, had waited too long to file a motion.
WASHINGTON — Nirvana has won a lawsuit brought by Spencer Alden, the naked child who graced the cover of the band’s 1991 album “Never Mind,” after a federal judge dismissed it for the final time. was given
On Friday, U.S. District Judge Fernando Olguin dismissed the case again in an eight-page ruling, saying Alden had waited too long to file a motion based on the 10-year statute of limitations. According to Rolling Stone.
The lawsuit alleges that four-month-old Alden’s famous cover of nude swimming was child pornography and child sexual abuse. It had previously been dismissed, but Olgin allowed Alden to resubmit the motion earlier this year.
“Because plaintiff had an opportunity to cure the statute of limitations deficiencies in her complaint, the court is persuaded that it would be futile to give plaintiff a fourth opportunity to file an amended complaint,” Olgin said in the decision. said
The lawsuit, which was first filed in August 2021 in federal court in California, said Alden suffered “lifetime damages” after the band and others were hit with dollar bills on fish hooks. Her nude underwater while swimming benefited from her ubiquitous photo.
Nirwan’s lawyer said, “We are happy that this contempt case has been brought to a speedy conclusion.” told Reuters.
Alden’s lawyers said they plan to appeal the decision, according to Rolling Stone.
“The cover of ‘No Matter’ was created when Spencer was a child and as long as her image remains in distribution, it’s impossible for her to get out of this hunt.” Alden’s lawyer told Rolling Stone.
In December, a motion to dismiss filed by Nirvana’s attorneys argued that the lawsuit was filed within the 10-year statute of limitations for one of the statutes used as a cause of action, and that Another law he cited was not enforced. By 2003 and there was no turning back.
The December motion said the lawsuit was “on its face, not serious,” and Alden’s conduct reflected that.
“Alden has spent three decades capitalizing on his celebrity,” the document states.
Alden has participated in several photo shoots over the years recreating the image.