In the latest development in the ongoing saga surrounding the bases and plate from the night of Hank Aaron’s 715th home run, Heritage has responded to the Atlanta Braves’ cease-and-desist letter by filing its own lawsuit.
The suit, a copy of which was obtained by cllct, contends that the lots in question — the bases and plate as well as Aaron jerseys from 1954 and 1974 and Aaron’s hat from 1974 — were consigned by five separate people.
Heritage’s suit contained four causes of action including defamation, business disparagement, intentional interference with contractional relations and intentional interference with prospective economic relations.
“We do not comment on pending legal matters," Heritage said in a statement to the Atlanta Journal-Constitution. "However, Heritage Auctions prides itself on transparency and authenticity and stands behind every item we offer at auction.”
A Braves spokesperson responded to the suit in a statement obtained by cllct Wednesday night: “We intend to vigorously defend the ownership of our property in a court of law and will not be issuing any further statements as this is an ongoing legal matter.”
In the suit, Heritage also accused the Braves of providing a cease-and-desist letter to media to amplify the team's claims and never sought to settle the dispute. Heritage accuses the Braves of acting in malice.
Heritage also claims that the consignor acquired the bases and plate with the consent of previous ownership.
The suit seeks declaratory judgement from the court over the Braves' claims that other Braves memorabilia "are not authentic and are without foundation."
Heritage is seeking monetary damages of at least $75,000.
Tuesday, Heritage pulled down the lot of the bases and plate under the pressure of legal action threatened by the Braves last week, citing a “title dispute.”
This occurred after the Tuesday evening deadline set by the Braves. The remaining lots stayed up and set to sell at auction this weekend.
The auction house came under fire last week after the Baseball Hall of Fame released a statement claiming that it had third base from the game on display in the museum in Cooperstown. The Hall of Fame says the base had been given to the museum directly from Aaron in 1982.
Heritage originally stood by the sale, saying it was unaware of the base in the Hall of Fame but they had "done our due diligence and are satisfied that these are the authentic bases based on their source and the provenance."
Tuesday morning, Heritage said in a statement: “The Braves did not have all the facts concerning the Braves material in the upcoming auction. Heritage Auctions is currently sharing that information with the Braves’ counsel, and we hope to have this expediently and amicably resolved.”
Will Stern is a reporter and editor for cllct.