Opinion of the Court
law to the case. Franchise Tax Bd. of Cal. v. Hyatt, 538 U. S. 488, 498–499 (2003) (Hyatt I.). Because the Board did not ask us to overrule Nevada v. Hall, supra, we did not revisit that decision. Hyatt I., supra, at 497.
On remand, the trial court conducted a 4-month jury trial that culminated in a verdict for Hyatt that, with prejudgment interest and costs, exceeded $490 million. On appeal, the Nevada Supreme Court rejected most of the damages awarded by the lower court, upholding only a $1 million judgment on one of Hyatt’s claims and remanding for a new damages trial on another. Although the court recognized that tort liability for Nevada state agencies was capped at $50,000 under state law, it nonetheless held that Nevada public policy precluded it from applying that limitation to the California agency in this case. We again granted certiorari and this time reversed, holding that the Full Faith and Credit Clause required Nevada courts to grant the Board the same immunity that Nevada agencies enjoy. Franchise Tax Bd. of Cal. v. Hyatt, 578 U. S. ___, ___–___ (2016) (slip op., at 4–9) (Hyatt II.). Although the question was briefed and argued, the Court was equally divided on whether to overrule Hall and thus affirmed the jurisdiction of the Nevada Supreme Court. Hyatt II., supra, at ___ (slip op., at 1). On remand, the Nevada Supreme Court instructed the trial court to enter damages in accordance with the statutory cap for Nevada agencies. 133 Nev. ___, 407 P. 3d 717 (2017).
We granted, for a third time, the Board’s petition for certiorari, 585 U. S. ___ (2018). The sole question presented is whether Nevada v. Hall should be overruled.[1]
- ↑ Hyatt argues that the law-of-the-case doctrine precludes our review of this question, but he failed to raise that nonjurisdictional issue in his brief in opposition. We therefore deem this argument waived. See this Court’s Rule 15.2; Arizona v. California, 460 U. S. 605, 618 (1983) (“Law of the case directs a court’s discretion, it does not limit the tribunal’s power”). We also reject Hyatt’s argument that the Board
