Mutant X got sued because they were blatantly ripping out story arc's completely from the comic books. Heroes has shown no indication of even taking exact storylines, just being influenced by them.
At some point, with shows about people with superpowers, there's really no where to go since X-Men and other comic book superheroes have done pretty much everything under the sun.
And the volume is just a title, there's no indication that they will be going that route. That was just my personal thoughts on it.
ETA: Also judging by that video, it looks like Kring & Co. do want Bell back for this season, but she's moving on with her movie career.