Fernando Olguin: Last News

The man whose infant image graced the cover of Nirvana’s multimillion-selling Nevermind album has seen his lawsuit about that photo tossed by a Los Angeles judge.

2ND UPDATE, 2:45 PM: A federal judge in Los Angeles today rejected a motion to dismiss Byron Allen’s $10 billion lawsuit against McDonald’s Corp that alleges racial discrimination.

threw out his case Friday, on the grounds he waited too long to take legal action under Marsha’s Law. The 2005 legislation gives child pornography victims the right to sue those who produce, distribute or possess the material, but the statute of limitations expires after the victim turns 28.Elder was 30 when he filed the suit in 2021.His lawyers argued US District Judge Fernando Olguin’s ruling in Los Angeles was a misinterpretation of the law.“Most child pornography is traded well into the victim’s adulthood,” attorney Margaret Mabie told NPR.

Nirvana‘s second album ‘Nevermind’ (1991) constitutes child pornography has been dismissed by a US District Judge in Los Angeles.Spencer Elden, who appeared as a baby on the classic record’s front cover, had sought damages from the surviving members of the band (Dave Grohl and Krist Novoselic) as well as the estate of Kurt Cobain, photographer Kirk Weddle, and numerous record labels.Elden, now 31-years-old, was four months old when he was photographed by Weddle for the artwork.The latest ruling will prevent Elden from filing a fourth lawsuit. Lawyers representing Nirvana have in turn claimed that the suit has come to a “final conclusion”, although Elden has said he will appeal.“In short, because it is undisputed that [Elden] did not file his complaint within ten years after he discovered a violation… the court concludes that his claim is untimely,” District Judge Fernando Olguin wrote (via Rolling Stone).“Because plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”Bert Deixler, a lawyer for Nirvana, told Reuters: “We are pleased that this meritless case has been brought to a speedy final conclusion.”Stating that Elden “intends to appeal” the decision, his lawyer Margaret Mabie added: “Under this reading of the law, child pornography remedies vaporise once the victim in the contraband image turns 28 years old.

had argued that the shot of him in the nude swimming towards a dollar bill on a fish hook amounted to child porn.US District Judge Fernando Olguin of Los Angeles said Elden had waited far too long to take legal action against the legendary grunge rockers in a suit that named several record labels, drummer Dave Grohl, bassist Krist Novoselic, Cobain’s estate and photographer Kirk Weddle.Elden had filed three versions of the suit, and Olguin’s dismissal prevented him from filing a fourth.Elden alleged last year that the photo caused him “lifelong damage,” though he has the album title tattooed across his chest and recreated the famous picture in 2016 to pay homage to the seminal record on its 25th anniversary.In a 2003 interview with Rolling Stone, a 12-year-old Elden predicted he would probably “get some money from” his contribution to the album, which went triple diamond and revamped the face of popular rock music on the strength of the smash hit “Smells Like Teen Spirit.”Nirvana — a previously underground group on an independent label — paid Elden’s family $200 to dunk the 4-month old in a pool at the Pasadena Aquatic Center in California before their major label debut made a splash.Elden got the gig because his father was friends with photographer.With Post wires