I think that for the time being the Live Album theory with one or two new cuts is what is most likely to happen here.
What other bands have released live albums with new songs on them?
They're probably going to do what they've been planning to do.
Finish touring, I'm just gonna go out on a limb and say their lawyers are probably already taking care of the lawsuit.
Once the tour is over, Scott will probably either promote his new album, or he and the rest of the guys will take a break for a while and start working on songs for a new album.