This is not a nothing at stake problem, the nothing at stake problem is an issue that can only occur if you create a Multistaking PoS Client.
And Research by those knowledgeable into PoS has proven the N@S to be a non-issue.
What you are describing is a Staker or Miner releasing the same block but excluding transactions from 1 block.
You have no doubt heard that you should always wait the required confirmations before considering a transaction complete.
BTC 3 Confirmations is Recommend
LTC 6 Confimations is Recommend
What happens is this , and it will happen in a PoW or PoS network, the next block after your blocks, will determine which of your blocks was selected.
The other miner or staker will broadcast the chain and it will choose which of your blocks is still included in the blockchain.
The non-chosen block of transactions is orphaned.The reason it is of no danger , is that people receiving waited the minimum confirmations that defined which of your blocks was accepted.
Only people stupid enough to accept 0 confirmations would ever be at risk.
(It is easy to double spend on anyone accepting 0 confirmations, and you don't need to be a miner or staker to do it.)FYI:
PoW coins usually allow miners to select which transactions to include because they charge a variable fee.
PoS coins usually include all transactions in order of appearance, not allowing the staker to manually select which transactions to include.
*Also PoS coins normally charge a fixed fee, which is why their is no need to let others jump ahead inline, by higher fees.*
FYI2:
Longest Chain with the highest Difficulty Wins
In PoW, Greatest Block height with most difficult calculations
In PoS, Greatest Block height with most Coins or Coin Age Accrued.