CHARLESTON, WV (WOWK) — The fight will roll on for one of West Virginia’s biggest opioid lawsuits.

The City of Huntington and Cabell County announced they are appealing a federal court’s decision that three major drug distributors were not responsible for West Virginia’s opioid crisis.

They accused Cardinal Health, AmerisourceBergen, and McKesson of flooding the state with pills, but a federal judge ruled they did not prove their case. Now it goes to the federal court of appeals.

Then on Monday, dozens of other cities and counties in West Virginia settled out of court with the same three drug companies, which agreed to pay a $400 million settlement.

“They violated the law by failing to report trends and deviations from the norm when it came to distributing their pills in West Virginia. Just distributed millions and millions of them,” said attorney Rusty Webb, who is on the legal team representing dozens of West Virginia cities and counties.

“Those were the bad actors,” Del. Joey Garcia (D-Marion) said. “Those were a huge part of the problem, that they took advantage of West Virginians who were in pain.”

So far, there is no timetable on when the federal court of appeals may rule on the case.

The cities and counties will also sue various chain pharmacies, blaming them, in part, for the opioid epidemic.

The State of West Virginia has also settled out of court with several other drug makers. That money will be used for future drug abuse prevention, treatment and law enforcement.