{"id":1186975,"date":"2022-01-04T12:05:53","date_gmt":"2022-01-04T17:05:53","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1186975"},"modified":"2022-01-04T12:05:55","modified_gmt":"2022-01-04T17:05:55","slug":"nirvana-wins-naked-baby-legal-battle-as-judge-dismisses-lawsuit","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/nirvana-wins-naked-baby-legal-battle-as-judge-dismisses-lawsuit\/","title":{"rendered":"Nirvana Wins \u2018Naked Baby\u2019 Legal Battle As Judge Dismisses Lawsuit"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fnirvana-wins-naked-baby-legal-battle-as-judge-dismisses-lawsuit%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1186975&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A California District Court judge has tossed out a lawsuit against Nirvana filed by a man who appeared on the grunge band\u2019s debut album as a naked baby.<\/p>\n<p>Judge Fernando Olguin dismissed the case on Monday after lawyers for Spencer Elden failed to meet a deadline \u201cto file an opposition to the Nirvana estate\u2019s request to dismiss last month,\u201d the Daily Mail <a href=\"https:\/\/www.dailymail.co.uk\/news\/article-10367487\/Nirvana-wins-naked-baby-battle-judge-dismisses-lawsuit-brought-man-appeared-cover.html\">reported<\/a>.<\/p>\n<p>But Elden, 30, has until January 13 to refile.<\/p>\n<p>Elden became a star when he was just four months old when he was featured on the cover of Nirvana\u2019s breakthrough album \u201cNevermind,\u201d naked in a pool with a dollar bill floating in front of him.<\/p>\n<p>But as a grown man, Elden accused the band of being child pornographers and filed a lawsuit against Cobain\u2019s estate and the band\u2019s surviving members, saying the band violated federal child pornography statutes and exploited him sexually.<\/p>\n<p>In the suit, Elden says he has suffered \u201clifelong damage\u201d from the photo and says the band, the photographer, and the record label \u201cintentionally marketed Spencer\u2019s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense.\u201d Elden also claims his guardians did not consent to the naked photo.<\/p>\n<p>He also claims \u201che was forced to engage in \u2018commercial sex acts,\u2019 and that the band went back on an alleged promise to conceal his genitals on the album cover,\u201d the New York Post reported.<\/p>\n<p>\u201cThe permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter,\u201d the suit says.<\/p>\n<p>The 1991 album reached triple-diamond status, meaning it sold more than 30 million copies.<\/p>\n<p>\u201cDefendants intentionally commercially marketed Spencer\u2019s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense,\u201d the lawsuit reads. \u201cDefendants used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews.\u201d<\/p>\n<p>Elden is seeking $150,000 from each of the defendants, who include surviving band members Dave Grohl and Krist Novoselic; Courtney Love, the executor of Kurt Cobain\u2019s estate; Guy Oseary and Heather Parry, managers of Cobain\u2019s estate; photographer Kirk Weddle; art director Robert Fisher; and a number of existing or defunct record companies that released or distributed the album in the last three decades, Variety reported.<\/p>\n<p>Lawyers for the band filed a motion to dismiss the lawsuit on behalf of the late Kurt Cobain\u2019s estate and the surviving members of Nirvana, calling the suit an \u201cabsurd\u201d money grab.<\/p>\n<p><em>Joseph Curl has covered politics for 35 years, including 12 years as White House correspondent, and ran the Drudge Report from 2010 to 2015. Send tips to josephcurl@dailywire.com.<\/em><\/p>\n<p><em>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a <a href=\"https:\/\/www.dailywire.com\/subscribe\">member<\/a>.<\/p>\n<p><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A California District Court judge has tossed out a lawsuit against Nirvana filed by a man who appeared on the grunge band\u2019s debut album as a naked baby. Judge Fernando Olguin dismissed the case on Monday after lawyers for Spencer Elden failed to meet a deadline \u201cto file an opposition to the Nirvana estate\u2019s request &#8230;<\/p>\n","protected":false},"author":159,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1186975","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1186975","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/159"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1186975"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1186975\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1186975"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1186975"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1186975"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}