include those whose interests are represented by a party to the action); see also Nathan, 651 F.2d at 1226 (“[I]n shareholder derivative actions arising under [Federal Rule of' Civil Procedure] 23.1, parties and their privies include the corporation and all nonparty shareholders.”); Mass. v. Davis, 140 Tex. 398, 168 S.W.2d 216, 221 (1942) (recognizing that when an injury occurs to a corporation, “each shareholder suffers relatively in proportion to the number of shares he owns, and each will be made whole if the corporation obtains restitution or compensation from the wrongdoer”). The trial court’s final judgment recognized this privity by binding both Lapiner and the plaintiffs to its terms. See Johnson v. Johnson, 841 S.W.2d 114, 115 (Tex.App.-Houston [14th Dist.] 1992, no writ) (<HOLDING>). Citing BJVSD Bird Family Partnership, L.P. v.
recognizing doctrine holding that fraud claim requires proof that the defendant made a material representation that was false holding doctrine of virtual representation requires appellant to show he is bound as a privy to the judgment holding that a court is not bound by a lower tribunals decision under the law of the case doctrine holding that bankruptcy is no exception to the due process principle that one is not bound by a judgment in personam in a litigation in which he is not designated as a party to or to which he has not been made a party by service of process internal quotation marks omitted