That would depend on the evidence allready in hand wouldn't it empty.
One could speculate, that by the time EC discovery on jpig produced any fruit we may all be dead for a century. Susman is fully aware of this. Equally one could speculate that evidence in hand is enough to force a settlement long before a trial is scheduled.
They have evidence, and will be getting from their new partners who want to save their a55! Roll over hedgie
Judging by susmans reputation and knowledge of the legal system if susman says he's going to sue, its not because he thinks it will be a battle that can not be won. The man has better things to with his time. It will be on contingency if it happens after BK. That will be swift ( way less than 4yrs.) and deadly. susman is at the top of the list of lawyers you don't want to sit across from for a reason. Keep that in mind.