Last year we reported how Spencer Elden, who appeared as a model on the cover of Nirvana’s Nevermind album while still a baby, was suing former band members, photographer Kirk Weddle and several other parties for alleged sexual exploitation.

Photographer Kirk Weddle

As reported by SPIN, a judge in California has now dismissed the lawsuit, albeit with “leave to amend.” Elden’s lawyers apparently missed the deadline to contend a request from the Nirvana estate to dismiss the case back in December.

His legal team now has until January 13th to file their opposition to this, and if they hit the deadline, the Nirvana estate has until January 27 to respond. So potentially, on it goes.

Elden’s original lawsuit claimed he was the victim of child sexual exploitation. “Defendants knowingly produced, possessed and advertised commercial child pornography depicting Spencer,” said the lawsuit. Elden added he was unable to give permission for his image to be used as he was a baby and that his parents never gave him permission either As a result, the cover image caused him “extreme and permanent emotional distress, plus loss of education, wages and “enjoyment of life.”

Further reading
Greatest album photography: Nirvana’s Nevermind