A federal appeals court on Thursday revived a child sexual exploitation lawsuit filed by the man who appeared naked as a 4-month-old on the cover of Nirvana91裸聊视频檚 1991 album 91裸聊视频淣evermind.91裸聊视频�

Spencer Elden91裸聊视频檚 lawsuit against the grunge rock group alleges that he has suffered 91裸聊视频減ermanent harm91裸聊视频� as the band and others profited from the image of him underwater in a swimming pool, appearing to grab for a dollar bill on a fish hook.

The suit says the image violated federal laws on child sexual abuse material, although no criminal charges were ever sought.

A federal judge in California threw out the lawsuit last year but allowed Elden to file a revised version, which the judge later dismissed on grounds that it was outside the 10-year statute of limitations of one of the laws used as a cause of action.

Thursday91裸聊视频檚 decision by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in California reversed that ruling and sent the case back to the lower court.

The appellate panel found that each republication of an image 91裸聊视频渕ay constitute a new personal injury91裸聊视频� with a new deadline and cited the image91裸聊视频檚 appearance on a 30th anniversary reissue of 91裸聊视频淣evermind91裸聊视频� in 2021.

91裸聊视频淭he question whether the 91裸聊视频楴evermind91裸聊视频� album cover meets the definition of child pornography is not at issue in this appeal,91裸聊视频� the court wrote, according to the .

In an email to The Associated Press, Nirvana attorney Bert Deixler called the ruling a 91裸聊视频減rocedural setback.91裸聊视频�

91裸聊视频淲e will defend this meritless case with vigor and expect to prevail,91裸聊视频� he wrote.

The Associated Press does not typically name people who say they have been victims of sexual abuse unless they come forward publicly, as Elden has.

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