Olguin, who was presiding over the case at the U.S. In December's motion to dismiss, NIRVANA, as well as Kurt Cobain's widow, Courtney Love, had asked the court to throw out the lawsuit, saying Elden's claim that the photograph on the "Nevermind" cover is child pornography is "not serious" and insisting that his claim is "barred by the applicable statute of limitations." Federal child pornography law has a 10-year statute of limitations, beginning when a victim "reasonably discovers" the violation itself or the harm caused by it. He also claimed the image on the cover was taken and used without his consent. 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. Elden's decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. In his ever-shrinking pleading, Elden has now dismissed all but one of the myriad state- and federal-law claims he previously attempted to charge against defendants", the claim adds. NIRVANA says that "no amendment is possible to salvage claim. In the latest filing in federal court in Los Angeles, lawyers for the group say Spencer Elden's latest complaint filed January 12 should be dismissed with prejudice. According to Rolling Stone, NIRVANA has responded to the second amended lawsuit against the band filed by the man who claims he was the baby featured on the cover of NIRVANA's "Nevermind" album.
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