Plaintiff Spencer Elden, who appeared as a naked baby on the album cover, claimed he was the victim of child sexual exploitation

A judge has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of the band’s classic 1991 album Nevermind, Spin magazine reports.

In California District Court on Monday, Judge Fernando M Olguin dismissed the case “with leave to amend”. Lawyers for Elden missed the deadline to file an opposition to the Nirvana estate’s request to dismiss the case made in December. His team have until 13 January to refile.

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