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Target Corp. settled the class action over the data breach in 2013 for $10 million, resolving most of the 140 lawsuits filed by individuals alleging harm over the hack that exposed the personal and financial information of 110 million customers. Banks and credit unions were not included in the settlement, which has yet to be approved by the federal judge presiding over the case.

The company failed to get the case dismissed in December, demonstrating that the lack of standing argument carries less weight than previously. Target’s inability to make that case and claim that the plaintiffs weren’t injured by the data breach indicates “that position is becoming less credible,” Professor Nicolas Terry said in a story on the settlement published in the National Law Journal March 19. “Plaintiffs are managing to find ways to move the ball down the field in these cases, thus increasing their settlement value.”

Professor Terry is the Hall Render Professor of Law and executive director of the Hall Center for Law and Health. His research interests lie primarily at the intersection of medicine, law, and information technology. His recent scholarship has dealt with health privacy, social media and health, big data, and health care fragmentation.