Four survivors of the Aurora theater shooting have appealed a federal judge’s ruling against them and in favor of the company that owns the cineplex where the attack occurred, raising the stakes in a fight over whether the survivors should have to pay the company’s legal costs.

The survivors were part of a lawsuit in federal court against theater owner Cinemark that alleged security flaws at the theater were partly to blame for the shooting, which killed 12 people and wounded 70 more four years ago. U.S. District Court Judge R. Brooke Jackson dismissed the lawsuit this summer, saying that the lack of security wasn’t a substantial enough factor in the tragedy for the case to go to trial.

The four survivors appealing Jackson’s ruling — Ashley Moser, Stefan Moton, Joshua Nowlan and Nickelas Gallup — were all shot in the attack. Moser and Moton were paralyzed, and Moser’s daughter and unborn child were also killed. The four are asking the 10th U.S. Circuit Court of Appeals to review Jackson’s decision.

The federal suit was one of two lawsuits — the other was filed in state court — against Cinemark, and both ended in favor of the company. This spring, a jury hearing the state case said Cinemark wasn’t to blame for the shooting.

In both cases, Cinemark is now asking that the plaintiffs pay its legal costs, which is common for the winning side to do in civil lawsuits. Cinemark has asked the judge in the state case to order the victims’ side to pay nearly $700,000, a request the plaintiffs are fighting.

In the federal case, Cinemark has until later this month to file an explanation of the costs it wants the plaintiffs to pay. The appeal could upend that debate, but the sum would increase if the plaintiffs’ appeal is unsuccessful.

Worry about being stuck with Cinemark’s legal bills caused several plaintiffs to settle in the federal case even before Jackson’s ruling. Two other survivors of the attack have since settled with the company. Terms of the settlements are not disclosed in court documents, but the most recent settlement notice states that Cinemark agreed not to ask those survivors to pay its legal costs or attorneys’ fees.