CLEVELAND, Ohio - A federal judge is refusing to excuse Giant Eagle from a lawsuit filed against pharmacy chains by Trumbull and Lake counties over allegations that they contributed to the opioid crisis.

The lawsuit alleges that the way pharmacies dispensed pain pills contributed to the opioid crisis and constituted a public nuisance in their communities.

U.S. District Judge Dan Polster found that attorneys for the two counties presented evidence that would allow a jury to conclude that Giant Eagle knew that its systems were incapable of stopping suspicious orders.

Giant Eagle had argued that it should be removed as a defendant in the case because it has passed numerous inspections from the Drug Enforcement Administration and the Ohio Bureau of Pharmacies.

Other defendants remain in the case including, Walgreens, CVS, Eckard, and Walmart.

The counties claim that between 2000 and 2014, the pharmacies dispensed 68-million doses of opioids in Trumbull County.  With a population of 209,000, attorneys say that is the equivalent of 320 pills for every resident during the period.

Judge Polster has approved undisclosed terms of a settlement with Rite Aid.  The agreement is subject to approval by the Boards of Commissioners of each county.

A final pretrial in the case is scheduled on September 29 in U.S. District Court in Cleveland.