Reputable law firms do not file frivolous lawsuits. Such lawsuits do not go very far and are always dismissed at the first opportunity, certainly before trial. It should be remembered that when an allegation of fraud is brought before our courts and not proved, there are serious costs consequences for the losing party who will then be responsible for their legal fees and disbursements as well as the winning party's legal costs and disbursements.

You ask a hypothetical question whether I would refuse to accept my share of the class action settlement because of caveat emptor. Well, I don't have to decide because the chance of succeeding is so remote that I would probably have a better shot at winning the lottery than receiving a share from any such lawsuit. But lets assume the improbable and and say that I would accept my share. Where would the money come from. By the time the lawsuit is brought to completion, KXL will have drained all the money in its bank account and all we would be left with would be a lien on a moose pasture.