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In Hansberry v. Lee, 311 U.S. 32, 85 L. Ed. 22, 61 S. Ct. 115 (1940), the Supreme Court entertained a collateral attack on an Illinois state court class action judgment that purported to bind the plaintiffs. The Court held that class action judgments can only bind absent class members where 'the interests of those not joined are of the same class as the interests of those who are, and where it is considered that the latter fairly represent the former in the prosecution of the litigation.' Id. 311 U.S. at 41; cf. Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 805, 86 L. Ed. 2d 628, 105 S. Ct. 2965 (1985) ('It is true that a court adjudicating a dispute may not be able to predetermine the res judicata effect of its own judgment.'). A 'judgment in a class action is not secure from collateral attack unless the absentees were adequately and vigorously represented.' Van Gemert v. Boeing Co., 590 F.2d 433, 440 n. 15 (2d Cir. 1978); aff'd 444 U.S. 472, 62 L. Ed. 2d 676, 100 S. Ct. 745 (1980).
To answer the question whether the class representative ...
