After financial difficulties during the 2004 season, the series was sold back to its founders, but retained the name.

The Late Model Series was reacquired by Varney, while other assets were sold to Racing Speed Associates, led by Dennis Huth.

The ASA Late Model Series responded that the lawsuit is frivolous and without merit and plan counter sue Mr. Huth for damages caused by suit.

[2] On October 11, 2010 it was announced publicly that in an Order signed on October 7, 2010 by US District Court Judge Matthew Kennelly, has permanently barred Louis R. (Ron) Varney, Jr, ASA Late Model Series, LLC and all those acting in concert or participation with them, including specifically ASALMS, LLC from any further use of the ASA or ASA Late Model Series brand on or in connection with automobile race events anywhere in the United States.

The injunction was delivered at the 2010 Oktoberfest Race Weekend at the La Crosse Fairgrounds Speedway.