Los Angeles: Earlier this year the man who as a baby was photographed naked for the cover of Nirvana’s "Nevermind" album sued the band for sexual exploitation -- and now a California judge has dismissed the case on procedural grounds.
The federal judge dismissed the case Monday with "leave to amend" -- as Spencer Elden’s legal team had missed a deadline to file an opposition to Nirvana lawyers’ December motion to dismiss the case. Elden’s team has until January 13 to refile.